Section 29: Variation of order

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 2: Confiscation: England and Wales

This section applies if—

the court makes a confiscation order under section 6 as applied by section 28,
the defendant ceases to be an absconder,
he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a),
he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and
before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.

If (after considering the evidence) the court concludes that the defendant's belief is well founded—

it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and
it may vary the order by substituting for the amount required to be paid such amount as it believes is just.

The relevant period is the period of 28 days starting with—

the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or
if there are two or more offences and the convictions were on different dates, the date of the latest.

But in a case where section 28(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.