Powers of court where defendant has died or absconded

(1) Sub-section (2), applies where a person has been convicted of one or more drug trafficking offences. (2) If the prosecutor asks it to proceed under this section, the court may make a forfeiture order against the defendant if satisfied that the defendant has died or absconded. (3) Sub-section (4) applies where proceedings for one or more drug trafficking offences have been instituted against a person but have not been concluded. (4) If the prosecutor asks it to proceed under this section, the court may make a forfeiture order against the defendant if satisfied that the defendant has absconded notwithstanding that the defendant has not yet been convicted. (5) The power conferred by sub-section (4) may not be exercised at anytime before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded. (6) In any proceedings on an application under this section58 (a) the court shall not make a forfeiture order against a person who has absconded unless it is satisfied that the prosecutor has taken reasonable steps to contact him; and (b) any person appearing to the court to be likely to be affected by the making of a forfeiture order by the court shall be entitled to appear before the court and make representations.