31. Confiscation order where person has absconded

Where a person is, by reason of section 30, to be taken to have been convicted of a drug trafficking offence, a court shall not make a confiscation order in reliance on such conviction unless it is satisfied —

on the evidence adduced before it that, on the balance of probabilities, he has absconded; and

having regard to all the evidence before it, that such evidence if rebutted would warrant his conviction for the offence.