C7C8C3C2C9C4C6C10C5C1C11Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C7

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.)

C8

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.)

C4

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)

C10

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)

Defendant absconds

I1C7C829C7C8C6 Variation of order

1

This section applies if—

a

the court makes a confiscation order under section 6 as applied by section 28,

b

the defendant ceases to be an absconder,

c

he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a),

d

he 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), and

e

before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.

2

If (after considering the evidence) the court concludes that the defendant’s belief is well founded—

a

it 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), and

b

it may vary the order by substituting for the amount required to be paid such amount as it believes is just.

3

The relevant period is the period of 28 days starting with—

a

the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or

b

if there are two or more offences and the convictions were on different dates, the date of the latest.

4

But in a case where section 28(2)(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 defendant has not been convicted.