170 No order made: reconsideration of benefit

170  No order made: reconsideration of benefit

(1)     This section applies if the following two conditions are satisfied.

(2)     The first condition is that in proceeding under section 156 the court has decided that—

(a)     the defendant has a criminal lifestyle but has not benefited from his general criminal conduct, or

(b)     the defendant does not have a criminal lifestyle and has not benefited from his particular criminal conduct.

(3)     . . .

(4)     . . . the second condition is that—

(a)     there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct,

(b)     before the end of the period of six years starting with the date of conviction the prosecutor . . . applies to the Crown Court to consider the evidence, and

(c)     after considering the evidence the court concludes that it would have decided that the defendant had benefited

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