Remedy
Start free

Section 39: Reconsideration etc: variation of prison term

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

Part 2: Confiscation: England and Wales

Subsection (2) applies if—

a court varies a confiscation order under section 21, 22, 23, 29, 32 or 33,
the effect of the variation is to vary the maximum period applicable in relation to the order under section 35(2A), and
the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under section 129(3) of the Sentencing Code.

In such a case the court must fix a reduced term of imprisonment or detention in respect of the confiscation order under section 129(3) of the Sentencing Code in place of the term previously fixed.

Subsection (4) applies if paragraphs (a) and (b) of subsection (1) apply but paragraph (c) does not.

In such a case the court may amend the term of imprisonment or detention fixed in respect of the confiscation order under section 129(3) of the Sentencing Code.

If the effect of section 12 is to increase the maximum period applicable in relation to a confiscation order under section 35(2A), on the application of the prosecutor the Crown Court may amend the term of imprisonment or detention fixed in respect of the order under section 129(3) of that Code.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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