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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 November 2019 - onwards
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107. Order made: reconsideration of available amount

(1) This section applies if -

(a) a court has made a confiscation order,

(b) the amount required to be paid was the amount found under section 93(2), and

(c) the prosecutor applies to the court to make a new calculation of the available amount.

(2) In a case where this section applies the court must make the new calculation, and in doing so it must apply section 95 as if references to the time the confiscation order is made were to the time of the new calculation and as if references to the date of the confiscation order were to the date of the new calculation.

(3) If the amount found under the new calculation exceeds the relevant amount the court may vary the order by substituting for the amount required to be paid such amount as -

(a) it thinks is just, but

(b) does not exceed the amount found as the accused's benefit from the conduct concerned.

(4) In arriving at the just amount the court must have regard in particular to -

(a) any fine imposed on the accused for the offence (or any

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