Section 106(1)

This section applies if— a court has made a confiscation order, there is evidence which was not available to the prosecutor at the relevant time, the prosecutor believes that if the court were to find the amount of the accused’s benefit in pursuance of this section it would exceed the relevant amount, 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 thinks it is appropriate for it to proceed under this section.

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