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 Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 4:45, 27 Tachwedd 2001

Despite the combined capacities of the hon. Member for Orkney and Shetland and myself, we do not pick up on every point. My hon. Friend the Member for Surrey Heath (Mr. Hawkins) made a good point. It is clearly implicit in subsection (7) that an upward variation is intended, but there is a provision that the variation need not extend to the new amount: it could be somewhere in between, if that is considered just. He is right to say that, on the face of it, subsection (7) could be read as stating that if the amount under the new calculation exceeds the amount found as the defendant's benefit, the court has the unfettered power to vary the amount and move it up or down. That was a good point that the Minister might bear in mind, because no one in the Committee expects the amount to be adjusted downwards.