Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 1 - Making pecuniary penalty orders  

SECTION 118  

118   Making of pecuniary penalty order if person has absconded  
If, because of paragraph 331(1)(d) , a person is taken to have been convicted of an * indictable offence, a court must not make a * pecuniary penalty order in relation 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, could lawfully find the person guilty of the offence.