Postponed determinations

(1) Where the court is acting under section 30 but considers that it requires further information before– (a) determining whether the defendant has benefited from drug trafficking; or (b) determining the amount to be recovered in his case by virtue of section 30, it may, for the purpose of enabling that information to be obtained, postpone making the determination for such period as it may specify. (2) More than one postponement may be made under sub- section (1), in relation to the same case. (3) Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under sub- section (1) which47 (a) by itself; or (b) where there have been one or more previous postponements under sub-section (1) or (4), when taken together with the earlier specified period or periods, exceeds six months beginning with the date of conviction. (4) Where the defendant appeals against his conviction, the court may, on that account– (a) postpone making either or both of the determinations mentioned in sub-section (1) for such period as it may specify; or (b) where it has already exercised its powers under this section to postpone, extend the specified period. (5) A postponement or extension under sub-section (1) or (4) may be made– (a) on application by the defendant or the prosecutor; or (b) by the court of its own motion. (6) Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under sub- section (4), shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of. (7) Where the court exercises its power under sub-section (1) or (4), it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the relevant offence or any of the relevant offences. 48 (8) Where the court has so proceeded, section 30 (1) shall have effect as if the words “before passing sentence” were omitted. (9) In this section– (a) “the relevant offence” means the drug trafficking offence in respect of which the defendant appears, as mentioned in section 30(1) before the court; and (b) “the date of conviction” means– (i) the date on which the defendant was convicted; or (ii) where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those