Clause 22 - Order made: reconsideration of benefit

Part of Proceeds of Crime Bill – in a Public Bill Committee am 4:45 pm ar 27 Tachwedd 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Nick Hawkins Mr Nick Hawkins Ceidwadwyr, Surrey Heath 4:45, 27 Tachwedd 2001

I am sorry to break the Minister's flow on that point, and I do not want to be difficult by referring back to his previous response to my hon. Friend the Member for Spelthorne (Mr. Wilshire). However, since he discussed subsection 7(b), I have been examining it carefully, and I believe that he is mistaken. Nothing in the words ``may vary the order'' and put in such amount

``as it believes is just''

constrains the direction of the variation. I hope that the Minister and his officials will look again at subsection (7)(b), because the words at the beginning of paragraph (b) do not have the effect that the Minister says they do. The court is given the power to ``vary the order'' by

``such amount as it believes is just''.

The court is not constrained to use its discretion to vary the order in only one direction.