(1) The person may appear and adduce evidence at the hearing of the application for confirmation of the order.
(2) The court may, in determining the application, have regard to:
(a) the transcript of any proceeding against the person for:
(i) the offence of which the person was convicted; or
(ii) if the person was taken to be convicted of that offence because of paragraph 331(1)(c)--the other offence referred to in that paragraph;
including any appeals relating to the conviction; and
(b) the evidence given in any such proceeding.