Serious Crime Act 2015

Proceeds of Crime Act 2002 (c. 29)

41 (1) Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.

(2) In subsection (4), after paragraph (c) insert—

“(d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

(e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”

(3) In subsection (5)—

(a) for “the court must not” substitute “the court—

(a) must not”;

(b) at the end insert—

“(b) must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).”