Part 2Confiscation: England and Wales
Defendant absconds
28Defendant neither convicted nor acquitted
1
This section applies if the following two conditions are satisfied.
2
The first condition is that—
a
proceedings for an offence or offences are started against a defendant but are not concluded,
b
he absconds, and
c
the period of two years (starting with the day the court believes he absconded) has ended.
3
The second condition is that—
a
the prosecutor or the Director applies to the Crown Court to proceed under this section, and
b
the court believes it is appropriate for it to do so.
4
If this section applies the court must proceed under section 6 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5).
5
If the court proceeds under section 6 as applied by this section, this Part has effect with these modifications—
a
any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;
b
the court must not make an order under section 6 unless the prosecutor or the Director (as the case may be) has taken reasonable steps to contact the defendant;
c
section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;
d
sections 10, 16(4) and 17 to 20 must be ignored;
e
section 21 must be ignored while the defendant is still an absconder.
6
Once the defendant has ceased to be an absconder section 21 has effect as if references to the date of conviction were to—
a
the day when proceedings for the offence concerned were started against the defendant, or
b
if there are two or more offences and proceedings for them were started on different days, the earliest of those days.
7
If—
a
the court makes an order under section 6 as applied by this section, and
b
the defendant is later convicted in proceedings before the Crown Court of the offence (or any of the offences) concerned,
section 6 does not apply so far as that conviction is concerned.