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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 April 2008 - onwards
  Version 3 of 3    

172. 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 157(2), and

(c) an applicant falling within subsection (2) applies to the Crown Court to make a new calculation of the available amount.

(2) These applicants fall within this subsection -

(a) the prosecutor;

(b) [deleted]

(c) a receiver appointed under section 198.

(3) In a case where this section applies the court must make the new calculation, and in doing so it must apply section 159 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.

(4) 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 believes is just, but

(b) does not exceed the amount found as the defendant's benefit

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