CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 98

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 98

98—Making of pecuniary penalty order if person has absconded

A court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a pecuniary penalty order relating to the person's conviction unless—

            (a)         the court is satisfied, on the balance of probabilities, that the person has absconded; and

            (b)         either—

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

                  (ii)         the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the Magistrates Court (as the case requires) could lawfully find the person guilty of the offence.