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Proceeds of Crime Act 2002
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- 2002 c. 29
- Part 2
- Defendant absconds
- Section 29
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- Act applied (with modifications) by S.I. 2011/245 Sch. 6 Pt. 1
- Act modified by S.I. 2009/317 art. 3 Sch.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A-2C inserted by 2007 c. 27 Sch. 8 para. 124
- s. 2C(3A) inserted by 2007 c. 27 s. 84(2)
- s. 41A inserted by 2009 c. 26 s. 52(2)
- s. 44A inserted by 2009 c. 26 s. 52(3)
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- s. 67A-67D inserted by 2009 c. 26 s. 58(2)
- s. 87A inserted by 2009 c. 26 Sch. 7 para. 70
- s. 120A inserted by 2009 c. 26 s. 53(2)
- s. 122A inserted by 2009 c. 26 s. 53(3)
- s. 127A-127R inserted by 2009 c. 26 s. 56(2)
- s. 131A-131D inserted by 2009 c. 26 s. 59(2)
- s. 153A inserted by 2009 c. 26 Sch. 7 para. 73
- s. 190A inserted by 2009 c. 26 s. 54(2)
- s. 193A inserted by 2009 c. 26 s. 54(3)
- s. 195A-195S inserted by 2009 c. 26 s. 57(2)
- s. 195N(1) text amended by 2011 c. 24 (N.I.) Sch. 7 para. 11
- s. 215A-215D inserted by 2009 c. 26 s. 60(2)
- s. 235A inserted by 2009 c. 26 Sch. 7 para. 77
- s. 245A-245D inserted by 2005 c. 15 s. 98(1)
- s. 245E-245G inserted by 2007 c. 27 s. 83(1)
- s. 255A-255F inserted by 2005 c. 15 s. 98(2)
- s. 286A 286B inserted by 2005 c. 15 Sch. 6 para. 20
- s. 293A inserted by S.I. 2010/976 Sch. 14 para. 61
- s. 297A-297G inserted by 2009 c. 26 s. 65(1)(4)
- s. 302A inserted by 2007 c. 27 s. 84(1)
- s. 302A(1) text amended by 2007 c. 27 Sch. 11 para. 12(2)
- s. 302A(4) inserted by 2007 c. 27 Sch. 11 para. 12(3)
- s. 303A inserted by 2007 c. 27 Sch. 11 para. 13
- s. 333A-333E inserted by S.I. 2007/3398 Sch. 2 para. 4
- s. 339ZA inserted by S.I. 2007/3398 Sch. 2 para. 7
- s. 377A inserted by 2007 c. 27 Sch. 8 para. 115
- s. 377ZA 377ZB inserted by S.I. 2010/976 Sch. 14 para. 68
- s. 399A inserted by 2005 c. 15 s. 103(5)
- s. 449A inserted by 2007 c. 27 Sch. 8 para. 118
- s. 453A inserted by 2007 c. 27 s. 81(2)
- s. 453A(5)(a) substituted by 2009 c. 26 Sch. 7 para. 94
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2004/786 art. 2 3 commences (2003 c. 32)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/2066 art. 2 commences (2003 c. 39)
- S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
- S.I. 2005/695 art. 2 commences (2004 c. 35)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1267 art. 2 Sch. commences (2003 c. 44)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2026 art. 2 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/2455 art. 2 Sch. commences (2005 c. 19)
- S.I. 2005/3136 art. 2 3 commences (2005 c. 15)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/281 art. 2 commences (2003 c. 32)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1085 art. 2-4 commences (2005 c. 15)
- S.I. 2006/1835 art. 2 commences (2003 c. 44)
- S.I. 2006/2406 art. 2 commences (2004 c. 11)
- S.I. 2006/2811 art. 2 3 commences (2002 c. 32)
- S.I. 2006/3422 art. 2 commences (2003 c. 44)
- S.I. 2007/2874 art. 2 commences (2003 c. 44)
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/82 art. 2 commences (2008 c. 30)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1256 art. 2 commences (2008 c. 28)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2605 art. 2 commences (2003 c. 32)
- S.I. 2009/3096 art. 2-4 commences (2009 c. 26)
- S.I. 2010/128 art. 2 commences (2006 c. 18)
- S.I. 2010/495 art. 3 4 commences (2006 c. 18)
- S.I. 2010/606 art. 2 commences (2007 c. 30)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2003/210 art. 2 commences (2002 c. 29)
- S.S.I. 2004/494 art. 2 commences (2004 c. 19)
- S.S.I. 2008/115 art. 3 commences (2007 asp 3)
- S.S.I. 2008/152 art. 2 commences (2007 c. 27)
- S.S.I. 2009/67 art. 3 Sch. 1 Sch. 2 commences (2007 asp 3)
- S.S.I. 2009/224 art. 2 commences (2007 c. 27)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
- S.R. 2005/4 art. 3 commences (S.I. 2004/702 (N.I.))
- S.R. 2008/510 art. 2 commences (S.I. 2008/1769 (N.I.))
- S.R. 2009/22 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2012/119 art. 2 commences (2008 c. 13 (N.I.))
Prospective
29 Variation of orderE+W
This section has no associated Explanatory Notes
(1)This section applies if—
(a)the court makes a confiscation order under section 6 as applied by section 28,
(b)the defendant ceases to be an absconder,
(c)he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a),
(d)he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and
(e)before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.
(2)If (after considering the evidence) the court concludes that the defendant’s belief is well founded—
(a)it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and
(b)it may vary the order by substituting for the amount required to be paid such amount as it believes is just.
(3)The relevant period is the period of 28 days starting with—
(a)the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or
(b)if there are two or more offences and the convictions were on different dates, the date of the latest.
(4)But in a case where section 28(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.
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