106 Order made: reconsideration of benefit
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

106  Order made: reconsideration of benefit

(1)     This section applies if—

(a)     a court has made a confiscation order,

(b)     there is evidence which was not available to the prosecutor at the relevant time,

(c)     the prosecutor believes that if the court were to find the amount of the accused's benefit in pursuance of this section it would exceed the relevant amount,

(d)     before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

(e)     after considering the evidence the court thinks it is appropriate for it to proceed under this section.

(2)     The court must make a new calculation of the accused's benefit from the conduct concerned, and when it does so subsections (3) to (5) below apply.

(3)     Section 94(2) does not apply, and the rules applying instead are that the court must take account of—

(a)     conduct occurring up to the time it decided the accused's benefit for the purposes of the confiscation order;

(b)     property obtained up to that

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