Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 4 · Application to Absconded Persons
29. Absconded persons
Feedback & supportLast amended by an amending law of 2014.
For the purposes of this Act, a person is taken to be convicted of a drug dealing offence or a serious offence (as the case may be) if the person absconds in connection with the drug dealing offence or the serious offence (as the case may be) and any reference in Part 2 to the defendant includes reference to such a person.
drug dealing offence
“drug dealing offence” means —(a)any offence specified in the First Schedule;(b)conspiracy to commit any such offence;(c)inciting another to commit any such offence;(d)attempting to commit any such offence; or(e)aiding, abetting, counselling or procuring the commission of any such offence;
For the purposes of subsection (1), a person is taken to abscond in connection with a drug dealing offence if whether before or after 30 November 1993 —
investigations for a drug dealing offence have been commenced against the person; and
the person —
dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted; or
cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations mentioned in paragraph (a) were commenced against him or her.
For the purposes of subsection (1), a person is taken to abscond in connection with a serious offence if, whether before or after 13 September 1999 —
serious offence
“serious offence” means —(a)any of the offences specified in the Second Schedule;(b)conspiracy to commit any of those offences;(c)inciting others to commit any of those offences;(d)attempting to commit any of those offences; or(e)aiding, abetting, counselling or procuring the commission of any of those offences;
investigations for a serious offence have been commenced against the person; and
the person —
dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted of the offence; or
cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which the investigations mentioned in paragraph (a) were commenced against him or her.[26