Part of Proceeds of Crime Bill – in a Public Bill Committee am 4:45 pm ar 27 Tachwedd 2001.
We must read all of subsection (7), and not just paragraph (b). It states:
``If the amount found under the new calculation of the defendant's benefit exceeds the amount found as his benefit for the purposes of the confiscation order the court—
(a) must make a new calculation . . . and
(b) 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.''
The subsection applies in instances in which the recalculation increases the amount of benefit from the original confiscation, and it allows the court to decide that, if circumstances arise, it might not be just to increase the confiscation order to take in the whole of that increase. I do not believe that the subsection allows the court to decrease the amount from that prescribed in the original confiscation order.