6. Making of confiscation orders

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A Court shall not make a confiscation order unless the prosecution has given written notice to the Court to the effect that it appears to it that, were the

Court to consider that it ought to make such an order, it would be able to make an 981

BRUNEI DARUSSALAM GOVERNMENT GAZETTE order requiring the offender to pay at least such amount as the prosecution may consider reasonable in the circumstances.

If the prosecution has given the Court such a notice, the Court shall determine whether it ought to make a confiscation order.

When considering whether to make a confiscation order, the Court may take into account any information that has been placed before it showing that a victim of an offence to which the proceedings relate has instituted, or intends to institute, civil proceedings against the defendant in respect of loss, injury or damage sustained in connection with the offence.

If the Court determines that it ought to make such an order, it shall, before sentencing or otherwise dealing with the defendant in respect of the offence or, as the case may be, any of the offences concerned, determine the amount to be recovered in his case by virtue of this section and make a confiscation order for that amount specifying the offence or offences.

Where the Court makes a confiscation order against a defendant in any proceedings, it shall be its duty, in respect of any offence of which he is convicted in those proceedings, to take account of the order before -

No written law restricting the power of the Court dealing with an offender in a particular way from dealing with him also in any other way shall, by reason only of the making of a C<?nfiscation order, restrict it from dealing with an offender in any way it considers appropriate in respect of an offence to which this

Where