Part 2

Confiscation: England and Wales

Enforcement as fines etc

Reconsideration etc: variation of prison term
39
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 section 139(4) of the Sentencing Act, 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 section 139(2) of the Sentencing Act.
2
In such a case the court must fix a reduced term of imprisonment or detention in respect of the confiscation order under section 139(2) of the Sentencing Act 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 section 139(2) of the Sentencing Act.
5
If the effect of section 12 is to increase the maximum period applicable in relation to a confiscation order under section 139(4) of the Sentencing Act, on the application of the appropriate person the Crown Court may amend the term of imprisonment or detention fixed in respect of the order under section 139(2) of that Act.
6
The appropriate person is—
a
the Director, if he was appointed as the enforcement authority for the order under section 34;
b
the prosecutor, in any other case.