|
|
Amendment of section 7 of Act of 1994.
|
26.—Section 7 of the Act of 1994 is hereby amended—
|
|
| |
(a) by the substitution of the following subsection for subsection (1):
|
|
| |
“(1) This section applies where a court has—
|
|
| |
(a) determined under section 4 of this Act that a defendant has not benefited from drug trafficking, or
|
|
| |
(b) decided under section 4(2) of this Act not to make a determination as to whether a convicted person has benefited from drug trafficking.”,
|
|
| |
(b) in subsection (2) by the substitution of the following paragraph for paragraph (a):
|
|
| |
“(a) which was not considered by the court in making, or in deciding not to make, the determination referred to in subsection (1) of this section, but”,
|
|
| |
(c) in subsection (3)(a) by the substitution of the following subparagraph for subparagraph (i):
|
|
| |
“(i) make a determination or a fresh determination, as the case may be, of whether the defendant has benefited from drug trafficking; and”, and
|
|
| |
(d) by the substitution of the following subsection for subsection (4):
|
|
| |
“(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, or the decision not to make a 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 person on or before that date.”.
|
