s. 59 (b) necessary evidence became available only after the earlier application was determined; or (c) it is otherwise in the interests of justice to do so. 59 Determination of application for pecuniary penalty order (1) On an application under section 58(1) or (2), the S. 59(1) amended by court may— No. 87/2004 s. 19(d). S. 59(1)(a) (a) assess the value of the benefits derived by amended by the accused in relation to the offence; and No. 68/2009 s. 97(Sch. item 23.43). (b) order the accused to pay to the State a S. 59(1)(b) amended by pecuniary penalty equal to the value as so No. 68/2009 s. 97(Sch. assessed less, if the court thinks it desirable item 23.43). to take it into account, any amount paid or payable by way of restitution or compensation in relation to the same conviction— and must do so on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence. (2) The accused is entitled to appear and to give S. 59(2) amended by evidence at the hearing of an application under No. 68/2009 section 58(1) or (2) but the absence of the accused s. 97(Sch. item 23.43). does not prevent the court from making a pecuniary penalty order.
(b) necessary evidence became available only after the earlier application was determined; or (c) it is otherwise in the interests of justice to do so. 59 Determination of application for pecuniary penalty order S. 59(1) amended by No. 87/2004 s. 19(d). s. 59 (1) On an application under section 58(1) or (2), the court may— S. 59(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.43). (a) assess the value of the benefits derived by the accused in relation to the offence; and S. 59(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.43). (b) order the accused to pay to the State a pecuniary penalty equal to the value as so assessed less, if the court thinks it desirable to take it into account, any amount paid or payable by way of restitution or compensation in relation to the same conviction— and must do so on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence. S. 59(2) amended by No. 68/2009 s. 97(Sch. item 23.43). (2) The accused is entitled to appear and to give evidence at the hearing of an application under section 58(1) or (2) but the absence of the accused does not prevent the court from making a pecuniary penalty order.