(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.