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Proceeds of Crime Act 2002
118Making of pecuniary penalty order if person has absconded
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#### 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.