Section 177(6)

Once the defendant ceases to be an absconder— section 169 has effect as if subsection (1) read— This section applies if— at a time when the first condition in section 177 was satisfied the court did not proceed under section 156, before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under section 156, and the court believes it is appropriate for it to do so. section 170 has effect as if subsection (4) read— The second condition is that— before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to reconsider whether the defendant has benefited from his general or particular criminal conduct (as the case may be), and the court believes it is appropriate for it to do so. section 171 has effect as if subsection (1) read— This section applies if— a court has made a confiscation order, the prosecutor believes that if the court were to find the amount of the defendant'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 day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and the court believes it is appropriate for it to do so. the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 169, 170 or 171 (as applied by this subsection).

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