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79. Variation of benefit recovery order

Where the High Court makes a benefit recovery order against a person in relation to a serious offence and -

(a)

in calculating the amount of the benefit recovery order, the High Court took into account a confiscation order of the property or a proposed confiscation order in respect of the property; and

{b) an appeal against confiscation or the confiscation order is allowed, or the proceedings from the proposed confiscation order terminate without the proposed confiscation order being made, the Public Prosecutor may apply to the High Court for a variation of the benefit recovery order to include the value of the property not so confiscated and the

Court may, if it considers it appropriate to do so, vary the order accordingly.

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