s.37Defendant neither convicted nor committed
37
Section 37Part 2 — The Financial Reporting Authority

Defendant neither convicted nor committed

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Where —
proceedings for an offence or offences are started against a defendant but are not concluded;
the defendant absconds;
the period of two years (starting with the day the court believes that person absconded) has ended; 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 proceed under section 15 in the same way as it would proceed if the two conditions mentioned in section 15
and
are satisfied. ( 2 ) Where the court proceeds under section 15 as applied by this section, this Part has effect with the follo wing modifications — ( a ) any person the court believes it likely to be affected by an order under section 15 is entitled to appear before the court and make representations; ( b ) the court shall not make an order under section 15 unless the Director of Public 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) of this section;
sections 20 , 25 (4) an d 26 t o 29 shall not be taken into account; and
sect io n 2 7 shall not be taken into account while the defendant is still an absconder.
Where the defendant has ceased to be an absconder section 30 has effect as if reference to the date of convic tion were to —
the day when proceedings for the offence concerned were started against the defendant; or
if there are two or more offences and proceedings for them were started on different days, the earliest of those days.
Where —
the cour t makes an order under section 15 as applied by this section; and
the defendant is later convict ed in proceedings before the court of the offence (or any of the offences) concerned, section 16 does not apply so far as that conviction is concerned.

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