If a person is taken to have been convicted of a serious offence by reason of section 5 (1) (d) , a court is not to make a confiscation order in reliance on the person's conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and –

(a) the person has been committed for trial for the offence; or

(b) the court is satisfied, having regard to all the evidence before it, that a reasonable and properly instructed jury could lawfully find the person guilty of the offence.