http://www.legislation.gov.uk/ukpga/2002/29/section/113/2012-01-15Proceeds of Crime Act 2002An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.2002-08-12texttext/xmlenStatute Law Database2026-07-06Expert Participation2012-01-15 Part 3 Confiscation: ScotlandAccused unlawfully at large<CommentaryRef Ref="key-d59f6c2a9c42161ca1815c0c61d9e1f6"/> Variation of order1131This section applies if—athe court makes a confiscation order under section 92 as applied by section 112,bthe accused ceases to be unlawfully at large,che is convicted of an offence (or any of the offences) mentioned in section 112(1)(a),dhe 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), andebefore the end of the relevant period he applies to the court to consider the evidence on which his belief is based.2If (after considering the evidence) the court concludes that the accused’s belief is well founded—ait 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), andbit may vary the order by substituting for the amount required to be paid such amount as it believes is just.3The relevant period is the period of 28 days starting with—athe date on which the accused was convicted of the offence mentioned in section 112(1)(a), orbif there are two or more offences and the convictions were on different dates, the date of the latest.4But in a case where section 112(1)(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 accused has not been convicted.Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.S. 113 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)