23. Confiscation order where person has absconded
Feedback & supportWhere a person is, by reason of section 22, to be taken to have been convicted of a drug trafficking offence , a court shall not make a confiscation order in reliance on the person’s conviction of the offence unless the court is satisfied —
drug trafficking offence
“drug trafficking offence” means —(a)any of the offences specified in the Schedule;(b)conspiracy to commit any of those offences;(c)inciting another 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;
on the evidence adduced before it that, on the balance of probabilities, the person has absconded; and
having regard to all the evidence before the court, that such evidence if unrebutted would warrant his conviction for the offence.