Part 2Confiscation: England and Wales

Reconsideration

F122AIncreased available amount: compensation directions

(1)

This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order.

(2)

The court may make a supplementary compensation direction if—

(a)

a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and

(b)

at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

(3)

A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.

(4)

That amount must not exceed the difference between—

(a)

the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

(b)

the amount required to be paid to the person by the compensation order,

or so much of that difference as remains unpaid.

(5)

If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.

(6)

The court may make a compensation direction if—

(a)

at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

(b)

a compensation order has not been made against the defendant in respect of that compensatable loss.

(7)

A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).

(8)

That amount must not exceed—

(a)

the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

(b)

so much of that amount as remains unpaid.

(9)

If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.

(10)

In this section—

“applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;

“compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;

“compensation order” means an order under—

(a)

section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(b)

Chapter 2 of Part 7 of the Sentencing Code.