Section 7

Subject to subsection (3), the amount to be recovered in the defendant’s case under the confiscation order shall be the amount the court assesses to be the value of his proceeds of drug trafficking.

If the court is satisfied as to any matter relevant for determining the amount that might be recovered at the time the confiscation order is made

(whether by an acceptance under section 6 or otherwise), the court may issue

Drug Trafficking

(Recovery of Proceeds)

16

a certificate giving its opinion as to the matters concerned and shall do so if satisfied as mentioned in subsection (3).

If the court is satisfied that the amount that might be recovered at the time the confiscation order is made is less than the amount the court assesses to be the value of his proceeds of drug trafficking, the amount to be recovered in the defendant’s case under the confiscation order shall be the amount appearing to it to be the amount that might be so recovered.

Protection of rights of third parties.