Section 20(4)

... the second condition is that— there is evidence which was not available to the prosecutor when the court decided that the defendant 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 Crown Court to consider the evidence, and after considering the evidence the court concludes that it would have decided that the defendant 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