15Procedure on applications

15 Procedure on applications

(1)  A court to which an application is made for a confiscation order in respect of a person's conviction of an offence may, in determining the application, have regard to the transcript of any proceedings against the person for the offence.

(2)  If –

(a) an application is made for a confiscation order in respect of a person's conviction of an offence; and

(b) the application is made to the court before which the person was convicted; and

(c) the court has not passed sentence on the person for the offence –

the court may, if it is satisfied that it is reasonable to do so, defer passing sentence until it has determined the application for the confiscation order.

(3)  If –

(a) a person is taken to have been convicted of an offence by reason of section 5 (1) (c) ; and

(b) an application is made to a court for a confiscation order in respect of the conviction –

the reference in subsection (1) to proceedings against the person for the offence is to be taken to include a reference to proceedings against the person for the other offence referred to in section 5 (1) (c) .