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England and Wales · Family, criminal and employment

What period and facts govern reconsider confiscation benefit in England and Wales?

Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

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Read why no date is calculated
Period
Apply before the end of six years starting with conviction
Trigger
The actual conviction date and evidence unavailable at the relevant time
Rule
Proceeds of Crime Act 2002 section 21
Proceeds of Crime Act 2002 section 21

The retained Proceeds of Crime Act 2002 section 21 supports apply to the Crown Court to consider the qualifying new evidence. Its complete-body snapshot and operative extract preserve the source edition, while this is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

Source guide · No automated date

Check the applicable procedure

Proceeds of Crime Act 2002 section 21. Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed. This source guide provides no computed date or paid record.

Proceeds of Crime Act 2002 section 21

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What period and facts govern reconsider confiscation benefit in England and Wales?

Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

Responsible actor. The prosecutor applying to reconsider the defendant’s benefit.

The actual conviction date and evidence unavailable at the relevant time

This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

The prosecutor applying to reconsider the defendant’s benefit. Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

Proceeds of Crime Act 2002 section 21

How does this provision count time?

  1. Apply before the end of six years starting with conviction
  2. Apply to the Crown Court to consider the qualifying new evidence.
  3. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

Apply before the end of six years starting with conviction; retain Proceeds of Crime Act 2002 section 21’s source wording and the actual statutory event instead of importing a different court-procedure count.

The section 21 application must identify conviction and the qualifying newly available benefit evidence. The six-year restriction cannot be transferred to another POCA reconsideration power or assumed court-closure rule.

Proceeds of Crime Act 2002 section 21

Which facts prevent one automatic date?

Proceeds of Crime Act 2002 section 21. Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed. This source guide provides no computed date or paid record.

ResultRead the operative provision and establish the applicable branch.

The prosecutor applying to reconsider the defendant’s benefit has records of the actual conviction date and evidence unavailable at the relevant time. Apply before the end of six years starting with conviction. Apply to the Crown Court to consider the qualifying new evidence. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed. Establish this procedure’s complete source facts before choosing an endpoint.

The proposed reconsider confiscation benefit step meets a disputed communication, closed receiving office or uncertain hearing event. Apply before the end of six years starting with conviction; retain Proceeds of Crime Act 2002 section 21’s source wording and the actual statutory event instead of importing a different court-procedure count. The section 21 application must identify conviction and the qualifying newly available benefit evidence. The six-year restriction cannot be transferred to another POCA reconsideration power or assumed court-closure rule. Verify the legally completed reconsider confiscation benefit act and actual applicable calendar. No assumed closure extension or substitute date is computed.

This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed. The actual conviction date and evidence unavailable at the relevant time. Apply before the end of six years starting with conviction. Apply to the Crown Court to consider the qualifying new evidence. Resolve this source-specific qualification before relying on a result.

Which conditions and exceptions apply?

Actor and completed reconsider confiscation benefit act
The prosecutor applying to reconsider the defendant’s benefit. Apply to the Crown Court to consider the qualifying new evidence.
Actual reconsider confiscation benefit event and branch
The actual conviction date and evidence unavailable at the relevant time. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.
Counting and completion of reconsider confiscation benefit
Apply before the end of six years starting with conviction; retain Proceeds of Crime Act 2002 section 21’s source wording and the actual statutory event instead of importing a different court-procedure count. The section 21 application must identify conviction and the qualifying newly available benefit evidence. The six-year restriction cannot be transferred to another POCA reconsideration power or assumed court-closure rule.
Proceeds of Crime Act 2002 section 21
  • The prosecutor applying to reconsider the defendant’s benefit. Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.
  • Reconsider confiscation benefit concerns apply to the Crown Court to consider the qualifying new evidence. Its actual source event is the actual conviction date and evidence unavailable at the relevant time.

What must the responsible actor complete?

Questions about this procedure

What period and facts govern reconsider confiscation benefit in England and Wales?

What period governs reconsider confiscation benefit?

Apply before the end of six years starting with conviction. This is benefit reconsideration under section 21, not every confiscation reconsideration route. The court must consider it appropriate to proceed.

Proceeds of Crime Act 2002 section 21

Which event controls reconsider confiscation benefit?

The actual conviction date and evidence unavailable at the relevant time. Keep evidence of that actual source event.

Proceeds of Crime Act 2002 section 21

What completes reconsider confiscation benefit?

Apply to the Crown Court to consider the qualifying new evidence. The prosecutor applying to reconsider the defendant’s benefit must establish that completed step.

Proceeds of Crime Act 2002 section 21

Does the original confiscation-order date start this six years?

Section 21(1)(d) uses conviction. Preserve the actual conviction event rather than substituting the later confiscation order.

Proceeds of Crime Act 2002 section 21

Is disagreement with the original benefit enough?

The statute requires evidence unavailable to the prosecutor at the relevant time and the specified belief about increased benefit.

Proceeds of Crime Act 2002 section 21

Must the court increase the order whenever an application is timely?

No. The court must consider proceeding appropriate and apply the statutory recalculation and just-amount provisions.

Proceeds of Crime Act 2002 section 21

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
Proceeds of Crime Act 2002 section 21Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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