Reconsideration of case where court has not proceeded under section 30

(1) This section applies where the defendant has appeared before the court to be sentenced in respect of one or more drug trafficking offences but the court has not proceeded (2) If the prosecutor has evidence– (a) which was not available to him when the defendant appeared to be sentenced, and accordingly was not considered by the court; but (b) which the prosecutor believes would have led the court to determine that the defendant had benefited from drug trafficking if- 56 (i) the prosecutor has asked the court to proceed under section 30; and (ii) the evidence had been considered by the he may apply to the court for it to consider the evidence. (3) The court shall proceed under section 30, if having considered the evidence, it is satisfied that it is appropriate to do so. (4) In considering whether it is appropriate to proceed under section 30, the court shall have regard to all the circumstances of the case. (5) Where, having decided to proceed under section 30, the court proposes to make a forfeiture order against the defendant, it shall order the payment of such amount as it thinks just in all the circumstances of the case. (6) In considering the circumstances of any case the court shall have regard, in particular, to the amount of any fine imposed on the defendant in respect of the offence or offences in question. (7) Where the court is proceeding under this section, section 30(1), shall have effect as if the words “before passing sentence” were omitted. (8) The court may take into account any payment or other reward received by the defendant on or after the date of conviction, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date. (9) In considering any evidence under this section which related to any payment or reward to which sub-section (8) 57 applies, the court shall not make the assumptions which would otherwise be required by section 33. (10) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date of conviction. (11) In this section “the date of conviction” means– (a) the date on which the defendant was convicted; or (b) 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 convictions.