(1) In deciding an application for a forfeiture order, the court must have
regard to the evidence given in any proceeding against the person for the
confiscation offence on which the application is based.
(2) If—
(a) the
application is made to the court before which the person is convicted; and
(b) when the application is made, the court has not passed sentence on the
person for the confiscation offence;
the court may defer passing sentence
until it has decided the application.
(3) If a person is treated as if
convicted under section 106because the offence is taken into account in
sentencing the person for another offence, the reference in subsection (1) to
a proceeding against the person for the offence includes a reference to the
proceeding for the other offence.
