Confiscation of Proceeds of Crime Act 1989
16Making of confiscation orders if person has absconded
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16 Making of confiscation orders if person has absconded
16 Making of confiscation orders if person has absconded
If a person is, because of section 5 (1) (d), to be taken to have been convicted of a serious offence, a court shall not make a confiscation order in reliance on the person’s conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and—
(a) the person has been committed for trial for the offence, or
(b) 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.