Commentary on Sections Reconsideration Section 22: Order made: reconsideration of available amount
52.Section 22 applies where the court made a confiscation order in an amount lower than the defendant’s assessed benefit because there was insufficient realisable property to satisfy an order in the full amount. The prosecutor, the Director, or a receiver appointed in the case may apply to the Crown Court for the court to recalculate the available amount. This is an example of a function exercised by the Crown Court under the Act that has previously been exercised by the High Court.
53.Any number of applications may be made and there is no limitation to the time when an application may be made (in contrast to sections 19 to 21, under which application must be made within six years of the defendant’s conviction). If the court calculates that the available amount has increased, it may vary the amount payable under the confiscation order but may not increase it beyond the defendant’s assessed benefit (meaning either the benefit assessed when the confiscation order was originally made or when it was increased on a revaluation under section 21). Subsection (5) requires the court to have regard to any fine, ancillary order or compensation order imposed on the defendant following the original conviction because these may affect the amount the offender is able to pay. However, subsection (6) contains similar technical provision to section 21(10) to prevent allowance being made twice in the defendant’s favour for the same compensation order.