Part 2Confiscation: England and Wales

Reconsideration

F121AOrder made: reconsideration of benefit on decrease in value and sale etc

(1)

This section applies if—

(a)

a court has made a confiscation order,

(b)

there is relevant property,

(c)

an application to proceed under this section is made to the Crown Court by—

(i)

the prosecutor,

(ii)

a receiver appointed under section 50, or

(iii)

the designated officer for a magistrates’ court, and

(d)

the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).

(2)

For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and—

(a)

it was held by the defendant when the relevant amount was calculated, but

(b)

it is no longer held by the defendant because it has been—

(i)

sold, or

(ii)

destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets).

(3)

In a case where this section applies, the court must determine whether A is less than B, where—

“A” is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and

“B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.

(4)

If A is less than B, the court must make a new calculation of the defendant’s benefit by—

(a)

adjusting the relevant amount to take account of changes in the value of money since it was calculated, and

(b)

deducting from that adjusted amount the amount by which A is less than B.

(5)

Subsection (6) applies where—

(a)

the court makes a new calculation of the defendant’s benefit under subsection (4), and

(b)

the court determines that C is less than D, where—

“C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and

“D” is the amount required to be paid under the order.

(6)

The court must vary the order by substituting C for the amount required to be paid.

(7)

The variation of the order under subsection (6) does not—

(a)

affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or

(b)

give rise to any obligation to refund any amount already paid by the defendant under the order.

(8)

The relevant amount is—

(a)

the amount found as the defendant’s benefit for the purposes of the confiscation order, or

(b)

if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.