If, because of paragraph 331(1)(d), a person is taken to have been convicted of an ^* indictable offence, a court must not make a ^* forfeiture order relating to the person's conviction unless:

(a)

the court is satisfied, on the balance of probabilities, that the person has ^* absconded; and

(b)

either:

(i)

the person has been committed for trial for the offence; or

(ii)

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