Money Laundering and Proceeds of Crime Act Act No. 4/2013 (b) the court is satisfied either that any other person who has an interest in the property is present before the court or that it is fair to waive the requirement despite any such person not being present. 62 Procedure on application for benefit recovery order (1) Where an application is made for a benefit recovery order in respect of a person's conviction of a offence, the court may, in determining the application, have regard to any evidence received in the course of the proceedings against the person convicted. (2) Any court with jurisdiction to hear an application for a confiscation order or a benefit recovery order under this Chapter may make such an order by the consent of the relevant parties or persons. (3) No applicant for a benefit recovery order, prosecutor or member of a law enforcement agency shall enter into an agreement to settle any matter in respect of which a benefit recovery order could be made under this Chapter which involves the payment of money or the transfer of property to the State, except— (a) by way of a consent order under subsection (2); or (b) as restitution for stolen property; or (c) as compensation for loss or destruction of or damage to property; or (d) with the approval of the court before which the person was convicted and before which an application for a benefit recovery order might be made. 63 Benefit recovery order on conviction (1) A benefit recovery order is an order in personam requiring the defendant to pay an amount equal to the benefit he or she derived from— (a) any offence or offences of which he or she was convicted; or (b) any criminal activity which the court finds to be related to the any offence or offences of which he or she was convicted. (2) The court may make an order under this section if the Attorney-General has applied to the court for an order under section 59 or, in the absence of an application, if the court believes it is appropriate to make an order. (3) Where the court is satisfied, on a balance of probabilities, that the defendant benefited— (a) from the offence or offences of which he or she was convicted; or (b) from any criminal activity which the court finds to be related to the any offence or offences of which he or she was convicted; the court shall order him or her to pay to the State an amount equal to the value of his or her benefit from that such offence, offences or related criminal activities. (4) The court shall assess the value of the benefit so derived in accordance with sections 64, 65 and 66. (5) Where the court makes a benefit recovery order against a person— (a) the order shall not, except with the leave of the court and in accordance with any directions of the court, be enforced before the relevant appeal date; and (b) if, after the relevant appeal date, the order has not been vacated or discharged, the order may be enforced and any proceeds applied in accordance with this Chapter and any directions given by the court. 64 Rules for determining value of benefit (1) For the purposes of this Part, the value of the benefit derived by a defendant from an offence or related criminal activity may include— - 48 -