s. 69 (1) If— S. 69(1) amended by No. 68/2009 (a) a court made a pecuniary penalty order under s. 97(Sch. this Part in relation to an offence; and item 23.55). S. 69(1)(b) (b) in assessing the value of the benefits derived, amended by the court took into account the making of a No. 68/2009 restitution or compensation order under the s. 97(Sch. item 23.55). Sentencing Act 1991 against the accused in relation to the offence; and (c) an appeal against the restitution or compensation order is allowed— the DPP or the accused may apply to the court which made the pecuniary penalty order for a variation of that order, taking into account the successful appeal. (2) An applicant under subsection (1) must give S. 69(2) amended by written notice of the application to the DPP or the No. 68/2009 accused, as the case may be. s. 97(Sch. item 23.55). (3) On an application under subsection (1) the court may, if it considers it appropriate to do so, vary the pecuniary penalty order. S. 69A 69A Variation of pecuniary penalty order after inserted by subsequent forfeiture No. 68/2010 s. 22. (1) If— (a) a court made a pecuniary penalty order under this Part in relation to an offence; and (b) in assessing the value of the benefits derived, the court included or treated as benefits any property that is later forfeited to the Minister under this Act in relation to the same offence— the DPP or the accused may apply to the court which made the pecuniary penalty order for a
s. 69 S. 69(1) amended by No. 68/2009 s. 97(Sch. item 23.55). (1) If— (a) a court made a pecuniary penalty order under this Part in relation to an offence; and S. 69(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.55). (b) in assessing the value of the benefits derived, the court took into account the making of a restitution or compensation order under the Sentencing Act 1991 against the accused in relation to the offence; and (c) an appeal against the restitution or compensation order is allowed— the DPP or the accused may apply to the court which made the pecuniary penalty order for a variation of that order, taking into account the successful appeal. S. 69(2) amended by No. 68/2009 s. 97(Sch. item 23.55). (2) An applicant under subsection (1) must give written notice of the application to the DPP or the accused, as the case may be. (3) On an application under subsection (1) the court may, if it considers it appropriate to do so, vary the pecuniary penalty order. S. 69A inserted by No. 68/2010 s. 22. 69A Variation of pecuniary penalty order after subsequent forfeiture (1) If— (a) a court made a pecuniary penalty order under this Part in relation to an offence; and (b) in assessing the value of the benefits derived, the court included or treated as benefits any property that is later forfeited to the Minister under this Act in relation to the same offence— the DPP or the accused may apply to the court which made the pecuniary penalty order for a
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