(1) The court hearing
an application for a confiscation order under this Part may, on the
application of the DPP or with the consent of the DPP, amend the application.
(2) However, the court
must not amend the application to include an additional benefit or instrument
or additional literary proceeds (as the case requires) in the application
unless the court is satisfied that—
(a) the
benefit, instrument or literary proceeds were not reasonably capable of
identification when the application was originally made; or
(b)
necessary evidence became available only after the application was originally
made.
(3) The DPP must, on
applying for an amendment to include an additional benefit or instrument or
additional literary proceeds (as the case requires) in the application, give
written notice of the application to amend to the person who would be subject
to the confiscation order if it were made.