PROCEEDS OF CRIME ACT 1987 - SECT 17 Making of confiscation order where person has absconded

PROCEEDS OF CRIME ACT 1987 - SECT 17

    Where a person is, by reason of paragraph   5(1)(d), to be taken to have been convicted of an indictable offence, a court shall not make a confiscation order in reliance on the person's conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and:

  (a)   the person has been committed for trial for the offence; or

  (b)   the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.