Money Laundering and Proceeds of Crime Act Act No. 4/2013 (5) Where the court has deferred sentencing for the purposes of hearing an application for a benefit recovery order pursuant to subsection (1)(b), it shall impose the sentence at the same time that it determines the application for the benefit recovery order. (6) Where an application under this section has been finally determined, the AttorneyGeneral may not make a further application for a benefit recovery order in respect of the same offence without the leave of the court. (7) A court shall grant leave under subsection (6) only if it is satisfied that— (a) the benefit to which the new application relates was identified after determination of the previous application; or (b) necessary evidence became available after the previous application was determined and it is otherwise in the interest of justice to do so. (8) A further application under this section may not be made later than six years after the date of the final determination of the previous application under this section. 60 Application for benefit recovery order in cases where concerned person absconds or dies (1) A person will be taken to have been convicted of an offence for purposes of section 59 when the court, on application by the Attorney-General, is satisfied under subsection (3) that the person should be taken to have been convicted and that this Chapter should apply to him or her. (2) The Attorney-General may make an application to the court for the determination under subsection (1) that a specified person shall be taken to be convicted. (3) The court may grant an application under subsection (2) where it is satisfied that— (a) a person was charged with an offence, a warrant for his or her arrest was issued in relation to the charge, and reasonable attempts to arrest the person pursuant to the warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued; or (b) a person was charged with the offence but died without the charge having been determined; and, having regard to all the evidence before the court, that such evidence is of sufficient weight to support a conviction for the offence. (4) For the purposes of subsection (3)(a), a person shall be taken to have been convicted on the last day of the period referred to in that subsection. (5) Where a person has died, any notice authorised or required to be given to a person under this Chapter may be given to the person’s legal personal representative. (6) A reference in this Chapter to a person’s interest in property is, if the person has died, a reference to an interest in the property that the person had immediately before his or her death. 61 Service of application for benefit recovery order and appearances (1) Where the Attorney-General makes an application for a benefit recovery order under section 59— (a) it shall serve a copy of the application on the person convicted; and (b) the person convicted and, subject to obtaining the leave of the court, any other person claiming an interest in the property, may appear and adduce evidence at the hearing of the application. (2) The absence of the person convicted, or of any person to whom notice has been given, does not prevent the court from making a benefit recovery order in their absence. (3) The court may waive the requirements under subsections (1) to give notice if— (a) the person convicted is before the court; and - 47 -