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Sentencing Act 2020

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Change 1

What to do with it
As published

159 Application of proceeds of property subject to deprivation order

(1) This section applies where a court makes a deprivation order in respect of any property and— (a) the offence was one which resulted in a person suffering personal injury, loss or damage, or (b) any such offence is taken into consideration by the court in determining sentence. (2) The court may also make an order that any proceeds which— (a) arise out of the disposal of the property, and (b) do not exceed a sum specified by the court, are to be paid to the person. (3) The court may make an order under this section only if it is satisfied that, but for the inadequacy of the offender's means, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b). (4) An order under this section has no effect— (a) before the end of the 6 month period mentioned in section 157(3)(a), or (b) if a successful application under— (i) section 157, or (ii) section 1(1) of the Police (Property) Act 1897, has been made.

Your change, as a redline

159 Application of proceeds of property subject to deprivation order

(1) This section applies where a court makes a deprivation order in respect of any property and— (a) the offence was one which resulted in a person suffering personal injury, loss or damage, or (b) any such offence is taken into consideration by the court in determining sentence. (2) The court may also make an order that any proceeds which— (a) arise out of the disposal of the property, and (b) do not exceed a sum specified by the court, are to be paid to the person. (3) The court may make an order under this section only if it is satisfied that, but for the inadequacy of the offender's means, it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b). (4) An order under this section has no effect— (a) before the end of the 6 month period mentioned in section 157(3)(a), or (b) if a successful application under— (i) section 157, or (ii) section 1(1) of the Police (Property) Act 1897, has been made.

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