I thought that the hon. Gentleman would never stop. His first point was whether there should not be a requirement on the prosecutor to discover—if that were the case—that there may have been an overcalculation of the benefit and make that known to the court so that the amount could be reduced.

We must remember that the benefit resulted originally from a statement by the prosecutor or the director and the opportunity was given to the defendant to rebut the statement to show that the items involved were not the proceeds of crime. I cannot envisage circumstances in which the prosecutor will discover under the clause that there has been an overcalculation of the benefit. Therefore, the hon. Gentleman's argument is not necessary.

The defendant is given the opportunity to seek a postponement if he is unable to show the origins of the properties. Under usual circumstances, that postponement can extend for up to two years and, in exceptional circumstances, it can go beyond that. However, we should not be writing into the Bill a requirement that the defendant can return at any time after six years, having managed to make a case that the items that were thought to be the proceeds of crime at the time were not. The process would be wide open to abuse. We should stick with the Bill and the ability of the defendant to seek postponement so that he can prove the origins of the property.

The hon. Gentleman referred to further criminal activities that were not connected with the original conviction that took place after the original hearing, and asked why the benefits or proceeds of those activities could not be confiscated, too. The Bill relates to criminal confiscation of the proceeds of the crime for which the person was convicted. If further crime were committed after the original conviction, it is a matter for that conviction to take into account the criminal gains that were made. It is not for the prosecutor to return to a previous conviction and attempt to rope in the gains made by subsequent crime.

The hon. Gentleman asked whether the reference in subsection (7)(b) to the court's ability to vary the order allows the court to reduce the order. It does not. At the time of the original decision there is an opportunity to prove the benefit of the criminal activity and the available amount. The purpose of the clause is not to allow the court to vary the order downwards, but to allow the prosecutor to return and show the benefits that were originally assessed to be inadequate.