Variation of pecuniary penalty order

Where– (a) the court makes a pecuniary penalty order against a person in relation to an offence; (b) in calculating the amount of the pecuniary penalty order, the court took into account a forfeiture order of the property or a proposed forfeiture order in respect of the property; and (c) an appeal against forfeiture or a forfeiture order is allowed or the proceedings from the proposed forfeiture order terminates without the proposed forfeiture order being made, the Director of Public Prosecutions or the Financial Intelligence Unit may apply to the Court for a variation of the pecuniary penalty order to increase the amount of the order by the value of the property not so forfeited and the Court may, if it considers it appropriate to do so, vary the order accordingly.