Section 189(6)

The fifth condition is that— an application by the prosecutor ... has been made under section 172 and not concluded, or the court believes that such an application is to be made, and there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

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