Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 5

Meaning of absconds

5. Meaning of absconds

For the purposes of this Act, a person is deemed to abscond if-

   (a)  the person is charged with an offence but dies without the charge
        having been determined; or

   (b)  the person is charged with an offence, a warrant to arrest the person
        is issued in relation to that charge and one of the following occurs-

   (i)  the person dies without the warrant being executed; or

   (ii) at the end of the period of 6 months commencing on the day on which
        the warrant is issued-

                (A)  the person cannot be found; or

                (B)  the person is, for any other reason, not amenable to
                     justice and, if the person is outside Victoria,
                     extradition proceedings are not on foot; or

   (iii) at the end of the period of 6 months commencing on the day on which
        the warrant is issued-

                (A)  the person is, by reason of being outside Victoria, not
                     amenable to justice; and

                (B)  extradition proceedings are on foot- and subsequently
                     those proceedings terminate without an order for the
                     person's extradition being made- and either-

   (c)  the person was committed for trial for the offence; or

   (d)  a court makes an order that the evidence is of sufficient weight to
        support a conviction for the offence.