Paragraph 6 Recoverable amountI1

in the words before paragraph (a), omit “for the purposes of subsection (1),”;

before paragraph (a) insert—

“(za)

any property in respect of which an order falling within section 13(3)(b), (c) or (d) was made before the court proceeded under section 6 (see section 15A(2)(c)),”;

omit the “and” at the end of paragraph (c);

at the end insert—

“(e)

any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it,

(f)

any property that has been handed over to an appropriate officer within the meaning given by section 41A(3) or 47A(1),

(g)

any property that, having been seized under a power conferred by or by virtue of—

(i)

a warrant granted under any enactment or rule of law, or

(ii)

any enactment, or rule of law, under which the authority of a warrant is not required,

has not subsequently been released, and

(h)

any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”

for subsection (1)(b) substitute—

“(b)

either or both of the conditions mentioned in subsection (1A) are met,”;

after subsection (1) insert—

“(1A)

The conditions are that—

(a)

there is evidence which was not available to the prosecutor at the relevant time;

(b)

there is property that—

(i)

but for section 7(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and

(ii)

has been released to the defendant since the relevant time.”