Section 51: Procedure where a person absconds or dies.

1 The Court may, on the application by the relevant organisation, inquire into any benefit that a person may have derived from an offence, where it is satisfied that—
a the person—
(i) had been charged with an offence,
(ii) had been convicted of any offence,
(iii) has had a restraint order made against him, or
(iv) can be tried for an offence on the grounds that sufficient evidence exists against him;
b a warrant for arrest of the person had been issued and that the attendance of that person in Court cannot be secured after all reasonable steps were taken to execute that warrant;
c the proceedings against the person cannot be resumed within a period of six months due to his continued absence; and
d there are reasonable grounds to believe that a confiscation order may have been made against him but for his continued absence.

2 Where a defendant, who has been convicted of an offence, dies before a confiscation order is made, the Court may, on the application by the relevant organisation, inquire into any benefit the person may have derived from that offence if the Court is satisfied that there are reasonable grounds for believing that a confiscation order would have been made against him, but for his death.

3 The executor of the estate of the deceased is entitled to appear before the Court and make representations for purposes of the inquiry referred to in subsection (2).

4 The Court in conducting an inquiry under this section may, where —
a the Court finds that the defendant or deceased referred to in subsections (1) or (2) has so benefited, make a confiscation order, and the provisions of this Part shall, with necessary modifications, apply to the making of the order;
b an asset manager has not been appointed, in respect of any of the property concerned, direct the relevant organisation to appoint an asset manager in respect of realisable property; and
c authorise the realisation of the property concerned.

5 The Court shall not exercise its powers under subsection (4) (a) and (c), except it has afforded a person having any interest in the property concerned an opportunity to make representations to it in connection with the making of any order.

6 Where a person, excluding a person specified in subsection (1) (a) (ii), against whom a confiscation order had been made under subsection (4) is subsequently tried and —
a convicted of one or more of the offences in respect of which the order had been made, the Court convicting him may make an appropriate order; or
b acquitted of an offence in respect of which the order had been made, the Court acquitting him may make an appropriate order.

7 The Court may make a determination against a person who absconded prior to an inquiry under this Act, and who is subject to a confiscation order where that person is subsequently brought before the Court.

8 The Court making a determination contemplated in subsection (7) shall take into account any order made under subsection (4).