Part 2Confiscation: England and Wales
Enforcement as fines etc
39 Reconsideration etc: variation of prison term
(1)
Subsection (2) applies if—
(a)
a court varies a confiscation order under section 21, 22, 23, 29, 32 or 33,
(b)
the effect of the variation is to vary the maximum period applicable in relation to the order under F1section 35(2A), and
(c)
the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under F2section 129(3) of the Sentencing Code.
(2)
In such a case the court must fix a reduced term of imprisonment or detention in respect of the confiscation order under F3section 129(3) of the Sentencing Code in place of the term previously fixed.
(3)
Subsection (4) applies if paragraphs (a) and (b) of subsection (1) apply but paragraph (c) does not.
(4)
In such a case the court may amend the term of imprisonment or detention fixed in respect of the confiscation order under F4section 129(3) of the Sentencing Code.
(5)
If the effect of section 12 is to increase the maximum period applicable in relation to a confiscation order under F5section 35(2A), on the application of the F6prosecutor the Crown Court may amend the term of imprisonment or detention fixed in respect of the order under F7section 129(3) of that Code.
F8(6)
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