Making of pecuniary penalty order if person has absconded

Current

A court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a pecuniary penalty order relating to the person's conviction unless—

(a)

the court is satisfied, on the balance of probabilities, that the person has absconded; and

(b)

either—

(i)

the person has been committed for trial for the offence; or

(ii)

the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the

Magistrates Court (as the case requires) could lawfully find the person guilty of the offence.

This Act’s bill:Second reading speech

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98 Making of pecuniary penalty order if person has absconded