Criminal Justice Act, 1994
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Re-assessment of whether defendant has benefited from drug trafficking. |
7.—(1) This section applies where an application has previously been made to a court under section 4 of this Act and the court has determined that the defendant has not benefited from drug trafficking. | |
(2) If the Director of Public Prosecutions has evidence— | ||
(a) which was not considered by the court in making the determination referred to in subsection (1) of this section, but | ||
(b) which the Director of Public Prosecutions believes would have led the court to determine that the defendant had benefited from drug trafficking if it had been considered by the court, he may make, or cause to be made, an application to the court for it to consider that evidence. | ||
(3) If, having considered the evidence, the court is satisfied that it would have determined that the defendant had benefited from drug trafficking if that evidence had been available to it, the court— | ||
(a) shall— | ||
(i) make a fresh determination of whether the defendant benefited from drug trafficking; and | ||
(ii) make a determination under section 4 (4) of this Act of the amount to be recovered by virtue of that section; and | ||
(b) may make a confiscation order under section 4 (4) of this Act. | ||
(4) In considering an application under this section the court may take into account any payment or other reward received by the defendant on or after the determination referred to in subsection (1) of this section, but only if the Director of Public Prosecutions 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. | ||
(5) In considering any evidence under this section which relates to any payments or reward to which subsection (4) of this section applies, the court shall not make the assumptions which would otherwise be required by section 5 of this Act. | ||
(6) 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 on which the defendant was convicted. |