The amendments would mean that where evidence has been withheld for whatever reason, the course cannot be followed. In circumstances in which evidence has been deliberately withheld—although I cannot envisage what those circumstances might be—it would also prevent compensation from being pursued where for reasons of oversight, inefficiency, or incompetence, evidence had not been disclosed to the prosecutor.

The hon. Lady may say that the amendments would effectively strengthen the clause, but that is a case that she will have to make. The consequence would be that, in such circumstances, confiscation would not be possible, and that is the reason for rejecting the amendments.

Under clauses 20 and 21, the court is not under any obligation to make a confiscation order, even if the prosecutor or the director produces evidence that should have been heard the first time round. Opposition Members have spoken on previous occasions about giving the court the discretion to exercise its judgment. This is precisely the sort of case when the court would want to consider whether it was fair to make an order. The amendments would deprive the court of the opportunity to do that, and for those reasons, I ask the Committee to reject them.