Section 29Part 2 — The Financial Reporting Authority
No order made: reconsideration of benefit
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Where —
in any proceeding under section 15 a court has decided that —
the defendant has a criminal lifestyle but has not benefited from that person’s general criminal conduct; or
the defendant does not have a criminal lifestyle and has not benefited from that person’s particular criminal conduct; and
a court proceeded under section 15 because the Director of Public Prosecutions asked it to or because it believed it was appropriate for it to do so and —
there is evidence which was not available to the Director of Public Prosecutions when the court decided that the defendant had not benefited from that person’s general or particular criminal conduct;
before the end of the period of six years starting with the date of conviction the Director of Public Prosecutions applies to the Grand Court to co nsider the evidence; and
after considering the evidence the court concludes that it would have decided that the defendant had benefited from that person’s general or particular criminal conduct (as the case may be) if the evidence had been available to it, the court — ( A ) shall make a new decision under section 15(3) (b) or
whether the defendant has benefited from that person’s general or particular criminal conduct (as the case may be); or ( B ) may make a confiscation order under that section.
Subsections
to (7) apply if the court proceeds under section 15 in pursuance of this section. ( 3 ) Where a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 15 has effect as if that person’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding that person’s sentence for the offence or offences concerned.
Where this section applies section 17 (2) does not apply and the court shall instead —
take account of conduct occurring before the date of the original decision that the defendant had not benefited from that person’s general or particular criminal conduct;
ta ke account of property obtained before that date; and
take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
For the purposes of this section, none of the assumptions stated in section 19 apply in reconsideration cases.
The recoverable amount for the purposes of section 16 is such amount as the court believes is just, but such amount shall not exceed the amount found unde r section 16.
In arriving at the just amount the court shall have regard in particular to —
the amount found under section 16 ;
any fine imposed on the defendant in respect of the offence (or any of the offences) concerned; and
any order which falls within section 22 (1) and which has been made against the defendant in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by that person for the purposes of section 18 .
Where an order for the payment of compensation under section 33 of the Penal Code (2024 Revision) has been made against the defendant in respect of the offence or offences concerned section 22 (2) shall not apply.
For the purposes of this section the date of conviction is the date found by applying section 28
.