Section 105(3)

The second condition is that— the prosecutor has evidence which was not available to him when the court decided that the accused had not benefited from his general or particular criminal conduct, before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and after considering the evidence the court concludes that it would have decided that the accused had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

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Source: legislation.gov.uk · retrieved 2026-09-04