http://www.legislation.gov.uk/ukpga/2002/29/section/21/2003-11-20Proceeds 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 Database2026-03-23Expert Participation2003-11-20 Proceeds of Crime Act 2002s. 13(5)(a)(iia)Modern Slavery Act 2015Sch. 5 para. 15(3)(d)s. 61(1)reg. 2(b)Proceeds of Crime Act 2002Sch. 2 para. 9B and cross-headingBorder Security, Asylum and Immigration Act 2025s. 54(2)(b)s. 65(1)Proceeds of Crime Act 2002Sch. 4 para. 9G and cross-headingBorder Security, Asylum and Immigration Act 2025s. 54(3)s. 65(1)Proceeds of Crime Act 2002Sch. 5 para. 9B and cross-headingBorder Security, Asylum and Immigration Act 2025s. 54(4)s. 65(1) Part 2 211This section applies if—aa court has made a confiscation order,bthere is evidence which was not available to the prosecutor or the Director at the relevant time,cthe prosecutor or the Director believes that if the court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount,dbefore the end of the period of six years starting with the date of conviction the prosecutor or the Director applies to the Crown Court to consider the evidence, andeafter considering the evidence the court believes it is appropriate for it to proceed under this section.2The court must make a new calculation of the defendant’s benefit from the conduct concerned, and when it does so subsections (3) to (6) below apply.3If a 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.4Section 8(2) does not apply, and the rules applying instead are that the court must—atake account of conduct occurring up to the time it decided the defendant’s benefit for the purposes of the confiscation order;btake account of property obtained up to that time;ctake account of property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.5In applying section 8(5) the confiscation order must be ignored.6In section 10—athe first and second assumptions do not apply with regard to property first held by the defendant after the time the court decided his benefit for the purposes of the confiscation order;bthe third assumption does not apply with regard to expenditure incurred by him after that time;cthe fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.7If the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount the court—amust make a new calculation of the recoverable amount for the purposes of section 6, andbif it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.8In applying subsection (7)(a) the court must—atake the new calculation of the defendant’s benefit;bapply section 9 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.9In applying subsection (7)(b) the court must have regard in particular to—aany fine imposed on the defendant for the offence (or any of the offences) concerned;bany 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;cany order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).10But in applying subsection (7)(b) the court must not have regard to an order falling within subsection (9)(c) if a court has made a direction under section 13(6).11In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money.12The relevant time is—awhen the court calculated the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;bwhen the court last calculated the defendant’s benefit in pursuance of this section, if this section has applied previously.13The relevant amount is—athe amount found as the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;bthe amount last found as the defendant’s benefit in pursuance of this section, if this section has applied previously.14The date of conviction is the date found by applying section 19(10).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.)Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)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.) Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)S. 21 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.