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Part VI · Freezing, Seizure and Forfeiture

63. Absconded person

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(1)

For the purposes of this Act, a person shall be treated as if he had been convicted of a serious offence if the person absconds in connection with a serious offence and any reference in this Part to the defendant shall include a reference to such person.

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(2)

For the purposes of subsection (1), a person shall be treated as if he had absconded in connection with a serious offence if, before or after the commencement date—

(a)

an investigation for a serious offence has been commenced against the person; and

(b)

the person—

(i)

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted of the offence;

(ii)

cannot be found or apprehended by the enforcement agency after reasonable effort to do so at the end of a period of six months from the date on which the investigation referred to in paragraph (a) was commenced;

(iii)

evades an enforcement agency;

(iv)

has been charged with a serious offence and a warrant of arrest cannot be executed after reasonable effort to do so at the end of a period of six months from the date of issuance of the warrant of arrest; or

(v)

has been charged with a serious offence and cannot be extradited by the enforcement agency after reasonable effort to do so at the end of a period of six months from the date of issuance of the warrant of arrest.

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