Section 31Part 2 — The Financial Reporting Authority
Order made: reconsiderati on of available amount
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Where —
a court has made a confiscation order;
the amount required to be paid was the amount found under section 16
; and ( c ) the Director of Public Prosecutions or a receiver appointed under section 52 applies to the court to make a new calculation of the available amount, the court shall make the new calculation, and in doing so it shall apply section 18 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. ( 2 ) Where the amount found under the new calculation exceeds the relevant amount the court may vary the order by substituting for the am ount required to be paid such amount as it believes is just but shall exceed the amount found as the defendant ’ s benefit from the conduct concerned.
The court in deciding what is just for the purposes of subsection (2) —
shall have regard in partic ular to —
any fine imposed on the defendant for the offence or any of the offences concerned; and
any order which falls within section 23 (1) and which has been made against that person in respect of the offence (or any of the offences) concerned a nd 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 19 ; and
shall not have regard to an order falling within paragraph (a) (ii) if a court has made a direction under section 23 (2).
In deciding under this section w hether one amount exceeds another, the court shall take account of any change in the value of money.
For the purposes of this section the relevant amount is —
the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously; or
the amount last found as the available amount in pursuance of this section, if this section had applied previously.
The amount found as the defendant ’ s benefit from the conduct concerned is —
the amou nt so found when the confiscation order was made; or
if one or more new calculations of the defendant ’ s benefit have been made under this section the amount found on the occasion of the last such calculation.