Part 2

Confiscation: England and Wales

Reconsideration

No order made: reconsideration of case
19
1
This section applies if—
a
the first condition in section 6 is satisfied but no court has proceeded under that section,
b
there is evidence which was not available to the prosecutor on the relevant date,
c
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
d
after considering the evidence the court believes it is appropriate for it to proceed under section 6.
2
If this section applies the court must proceed under section 6, and when it does so subsections (3) to (8) below apply.
3
If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
4
Section 8(2) does not apply, and the rules applying instead are that the court must—
a
take account of conduct occurring before the relevant date;
b
take account of property obtained before that date;
c
take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
5
In section 10—
a
the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;
b
the third assumption does not apply with regard to expenditure incurred by him on or after that date;
c
the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.
6
The recoverable amount for the purposes of section 6 is such amount as—
a
the court believes is just, but
b
does not exceed the amount found under section 7.
7
In arriving at the just amount the court must have regard in particular to—
a
the amount found under section 7;
b
any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
c
any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;
d
any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ;
da
any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003
or section 42 of the Sentencing Code
(orders requiring payment of surcharge);
e
any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
8
If an order for the payment of compensation under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code , a surcharge under section 161A of the Criminal Justice Act 2003 or section 42 of the Sentencing Code or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 has been made against the defendant in respect of the offence or offences concerned, section 13(5) and (6) above do not apply in relation to it.
9
The relevant date is—
a
if the court made a decision not to proceed under section 6, the date of the decision;
b
if the court did not make such a decision, the date of conviction.
10
The date of conviction is—
a
the date on which the defendant was convicted of the offence concerned, or
b
if there are two or more offences and the convictions were on different dates, the date of the latest.
S. 19(7)(e) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 17(2); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
Words in s. 19(8) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 16; S.I. 2015/1476, reg. 2(j)
Words in s. 19(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 185(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
S. 19(7)(da) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 23(2); S.I. 2015/820, reg. 3(q)(iii)
Words in s. 19(8) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 17(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
S. 19 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
Words in s. 19(7)(da) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 185(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
Words in s. 19(7)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 185(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Words in s. 19(1)(c) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 8, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
Words in s. 19(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 185(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 19(8) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 23(3); S.I. 2015/820, reg. 3(q)(iii)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)