(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 [F150three monthsF150] (starting with the day the court believes he absconded) has ended.
(3)The second condition is that—
(a)F151the prosecutor ... 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)F152the court must not make an order under section 6 unless the prosecutor ... 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.
[F153 (6)Once the defendant has ceased to be an absconder—
(a)section 21 has effect as if subsection (1) read—
“(1)This section applies if—
(a)a court has made a confiscation order,
(b)the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount,
(c)before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and
(d)the court believes it is appropriate for it to do so.”;
(b)the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 21 (as applied by this subsection).F153]
(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.
64.Section 28 deals with absconders who abscond prior to conviction. A confiscation order may only be made against such an absconder if two years have elapsed from the time he absconded. Under earlier confiscation legislation, a confiscation order may be made by the High Court on application by the prosecutor in these circumstances. Under the Act, application is made to the Crown Court by the prosecutor or the Director.
65.Subsections (5)(d) and (e) set out how sections 19-21 (reconsideration) are to apply where the defendant absconds before he has been convicted. Sections 19 and 20 do not apply and section 21 does not apply whilst the offender is an absconder. It is not appropriate for sections 19 and 20 to apply because they deal with the situation where decisions have been taken after a conviction. Subsection (7) provides that when a court has made a confiscation order in this situation it cannot go on to make another confiscation order if the defendant returns and is convicted.