Statements relating to drug dealing or criminal conduct
9.—(1)  Where —
(a)there is tendered to the court by the prosecution a statement as to any matters relevant to the determination whether benefits have been derived by the defendant from drug dealing or from criminal conduct, as the case may be, or to the assessment of the value of those benefits; and
[Act 21 of 2014 wef 01/09/2014]
(b)the defendant accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination and assessment, treat his acceptance as conclusive of the matters to which it relates.
[25/99]
(2)  Where —
(a)a statement is tendered under subsection (1)(a); and
(b)the court is satisfied that a copy of that statement has been served on the defendant,
the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.
(3)  If the defendant fails in any respect to comply with a requirement under subsection (2), he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.
(4)  Where —
(a)there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and
(b)the prosecution accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.
(5)  An allegation may be accepted or a matter indicated for the purposes of this section either —
(a)orally before the court; or
(b)in writing.
(6)  No acceptance by the defendant under this section that benefits have been derived by him from drug dealing or from criminal conduct, as the case may be, shall be admissible in evidence in any proceedings for an offence.
[6
[25/99]
[Act 21 of 2014 wef 01/09/2014]