Section 21: Amount recoverable

21. Amount recoverable (1) The amount to be recovered under a Confiscation Order shall be the amount specified in the Order or, if a certificate is issued pursuant to subsection (4), such lesser amount as may be specified in the certificate. (2) An application for a certificate referred to in subsection (4) may be made by the defendant to the Court. (3) An application pursuant to subsection (2)— (a) shall not be made more than 30 days after the date on which the application for a Confiscation Order was made; A23A – 15 [Issue 5] Asset Recovery Act (b) shall be supported by an affidavit of the defendant and of any other person on whose evidence the defendant proposes to rely; and (c) shall be served on the Enforcement Authority, together with any supporting affidavit. (4) The Court shall grant a certificate pursuant to this section where, having regard to written or oral testimony, it is satisfied that— (a) it has been provided with an accurate assessment of the total value of the financial resources held by the defendant, irrespective of whether they are subject to any other Order under this Act; and (b) the total value of the financial resources held by the defendant is less than the amount ordered to be paid under the Confiscation Order. (5) Where a certificate is granted pursuant to subsection (4), it shall specify a monetary amount equal to the total value of the financial resources held by the defendant. (6) The Court may, on the application of the Enforcement Authority within 2 years after the grant of the certificate, vary or revoke it or issue a Confiscation Order in a new amount, where— (a) it is made aware of facts that would have led it to a different conclusion regarding the granting of a certificate or the amount specified in a certificate; or (b) the defendant acquires possession of additional assets which, had they been available at the date of the certificate, would have resulted in the certificate not being granted or being granted for a higher amount.