Section 30Part 2 — The Financial Reporting Authority
Order made: reconsideration of benefit
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Where —
a court has made a confiscation order;
there is evidence which was not available to the Director of Public Prosecutions at the relevant time;
the Director of Public Prosecutions believes that if the court were to find the amount of the defendant ’ s benefit in pursuance of this section it would exceed the relevant amount;
before the end of the period of six years starting with the date of conviction the Director of Public Prosecutions applies to the Grand Court to co nsider the evidence; and
after considering the evidence the court believes it is appropriate for it to proceed under this section, the court shall make a new calculation of the defendant ’ s benefit from the conduct concerned and when it does so subsecti ons
to (5) shall apply. ( 2 ) Where a court has already sentenced the defendant for the offence (or any of the offences) concerned section 15 has effect as if that person’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding that person’s sentence for the offence or offences concerned.
Where this section applies section 17 (2) shall not apply, and the court shall instead —
take account of the defendant ’ s conduct occurring up to the time it decided the defendant ’ s benefit for the purposes of the confiscation order;
t ake account of property obtained up to that time; and
take account of property obtained after that time if the property was obtained as a result of or in connection with conduct occurring before that time.
In applying section 17
the court shall not take into account a confiscation order. ( 5 ) For the purposes of this section, none of the assumptions stated in section 19 apply in reconsideration cases.
Where the amount found under the new calculation of the defendant ’ s benefit exceeds the relevant amount the court —
shall make a new calculation of the recoverable amount for the purposes of section 15 ; and
if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.
In applying subsection (6)
the court shall — ( a ) take the new calculation of the defendant ’ s benefit; and
apply section 18 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if refere nces to the date of the confiscation order were to the date of that new calculation.
In applying subsection (6) (b) the court shall have regard in particular to —
any fine imposed on the defendant for the offence (or any of the offences) concerned; and
any order which falls within section 22 (1) and has been made against that person in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by tha t person for the purposes of section 18 .
In applying subsection (6) (b) the court shall not have regard to an order falli ng within subsection (8) (b) if a court has made a direction under section 22 (2).
In deciding under this section whether one amount exceeds another, the court shall take account of any change in the value of money.
For the purposes of this section the relevant time is —
when the court calculated the defendant ’ s benefit for the purposes of the confiscation order, if this section has not applied previously; or
when the court last calculated the defendant ’ s benefit in pursuance of this section, if this section has applied previously.
For the purposes of this section the relevant amount is —
the amount found as the defendant ’ s benefit for the purposes of the confiscation order, if this section has not applied previously; or
t he amount last found as the defendant ’ s benefit in pursuance of this section, if this section has applied previously.
For the purposes of this section the date of conviction is the date found by applying section 19 (10).