s.36Defendant convicted or committed
36
Section 36Part 2 — The Financial Reporting Authority

Defendant convicted or committed

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Where —
a defendant absconds after —
that defendant is convicted of an offence or offences in proceedings before the court; or
that defendant is committed to the court in respect of an offence or offences under section 63 ; and
the Director of Public Prosecutions applies to the Grand Court to proceed under this section and the court believes it is appropriate for it to do so, the court shall, subject to subsection
, proceed under section 15 in the same way as it would proceed if the two conditions set out in section 15(2)
and
are satisfied. ( 2 ) Where the court proceeds under section 15 as applied by this section, this Part has effect with these modifications — ( a ) any perso n the court believes is likely to be affected by an order under section 15 is entitled to appear bef ore the court and make representations; ( b ) the court shall not make an order under section 16 unless the Director of P ublic Prosecutions has taken reasonable steps to contact the defendant;
section 15 (7) applies as if the reference to subsection (2) (a) were to subsection (1) (a) of this section;
sections 29 , 25(4) , 26 an d 2 7 shall not be taken into a ccount; and
sections 28 , 29 an d 30 shall not be taken into account while the defendant is still an absconder.
Where the defendant ceases to be an absconder section 28 has effect as if subsection (1) (a) of that section read — “(a) at a time when the first condition in section 36 was satisfied the court did not proceed under section 15,”.
Where the court does not believe it is appropriate for it to proceed under this section once the defendant ceases to be an absconder, section 28 has effect as if subsection (1)(b) thereof read — “(b) there is evidence which was not available to the Director of Public Prosecutions on the relevant date,”.

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