s.38Variation of order
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Section 38Part 2 — The Financial Reporting Authority

Variation of order

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Where —
the court makes a confiscation order under section 16 as applied by section 37 ;
the defendant ceases to be an absconder;
that defendant is convicted of an offence (or any of the offences) mentioned in section 37(1)(a);
that defendant believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order);
before the end of the relevant period that person applies to the court to consider the evidence on which that person’s belief is based; and
the court after considering the evidence concludes that the defendant ’ s belief is well found ed, the court shall calculate the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order) and may vary the order by substituting for the amount required to b e paid such amount as it believes is just.
For the purposes of this section the relevant period is a period of twenty - eight days starting with —
the date on which the defendant was convicted of the offence mentioned in section 37(1) (a); or
if t here are two or more offences and the convictions were on different dates, the date of the latest.
In a case where section 37(1) (a) applies to more than one offence the court shall make an order under this section unless it is satisfied that there is n o possibility of any further proceedings being taken or continued in relation to any such offences in respect of which the defendant has not been convicted.

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