(1) This section applies where a court has—

(a) determined under section 4 of this Act that a defendant has not benefited from drug trafficking, or

(b) decided under section 4(2) of this Act not to make a determination as to whether a convicted person has benefited from drug trafficking.

(2) If the Director of Public Prosecutions has evidence -

(a) which was not considered by the court in making, or in deciding not to make, the determination referred to in subsection (1) of this section, but

(b) which the Director of Public Prosecutions believes would have led the court to determine that the defendant had benefited from drug trafficking if it had been considered by the court, he may make, or cause to be made, an application to the court for it to consider that evidence.

(3) If, having considered the evidence, the court is satisfied that it would have determined that the defendant had benefited from drug trafficking if that evidence had been available to it, the court -

(a) shall -