Part 1: Proceeds of crime Other miscellaneous provisions Section 32: Reconsideration of discharged orders
Sections 21 and 22 of POCA allow for the reconsideration of a confiscation order already made if new evidence becomes available. They allow for the amount on the confiscation order to be increased either to reflect a higher benefit value (i.e. the amount that the defendant made from their crime) or an increase of the available amount (i.e. the amount they had available to pay a confiscation order). This section amends POCA to allow for this reconsideration approach even in relation to confiscation orders that have been discharged by Court order under sections 24 or 25. Those sections apply respectively where there was either an inadequate amount to settle the order or there was only a small amount outstanding.