10.—(1) Subject to subsection (3), the amount to be recovered from the defendant under the confiscation order shall be the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct, as the case may be.
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[Act 21 of 2014 wef 01/09/2014]
(2) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under section 9 or otherwise), the court may issue a certificate giving its opinion as to the matters concerned and shall do so if satisfied as mentioned in subsection (3).
(3) If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct, as the case may be, the amount to be recovered from the defendant under the confiscation order shall be the amount appearing to the court to be the amount that might be so realised.
[25/99]
[Act 21 of 2014 wef 01/09/2014]
(4) If, on an application made in accordance with subsection (5), the court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased), the court shall issue a certificate to that effect, giving its reasons.
(5) An application under subsection (4) may be made either by the Public Prosecutor or by a receiver appointed under section 16 or 19 in relation to the realisable property of the person in question.
(6) Where a certificate has been issued under subsection (4), the Public Prosecutor may apply to the court for an increase in the amount to be recovered under the confiscation order; and on that application the court may —
(a)
substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1)) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and
(b)
increase the term of imprisonment fixed in respect of the confiscation order under section 14(1) if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 14(1).