Clause 22 - Order made: reconsideration of benefit

Part of Proceeds of Crime Bill – in a Public Bill Committee am 4:30 pm ar 27 Tachwedd 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of David Wilshire David Wilshire Ceidwadwyr, Spelthorne 4:30, 27 Tachwedd 2001

I realise that difficulty, Mr. McWilliam, but if we had a different Chairman, I could have reminded him of what I said before I was politely interrupted. However, I will spare you that. I was worried that if a genuine mistake were found by the director or the prosecution services, it would be possible for them to ask for the amount to be reduced rather than increased. That relates to subsection (1). No doubt the Minister will respond in due course.

Subsection (4)(c) states that property that is gained before the review should be taken into account. If the hon. Member for Glasgow, Pollok (Mr. Davidson) was here, we might be in danger of agreeing about the need to tighten up. What is the situation regarding property that is criminally obtained—if that it the correct phrase; I am sure that the Minister knows what I mean—subsequent to the first order if further criminal gain has resulted in new property? I understand that subsection (4) means that that could not be taken into account, but I wonder why. If one wishes to confiscate property that is the proceeds of crime—and I understand that the Minister is interested in general property that is acquired illegally rather than specific property from the crime—why is any property that was criminally obtained subsequent to the first order excluded? There may be the possibility to tighten that up.

Subsection (7)(b) states that the court ``may vary'' what was previously decided. It will be helpful if the Minister confirms that that means that the court could reduce that amount, although the prosecution is required to present only arguments that would increase it. That is the point that I made before lunch. Notwithstanding the constraint on the prosecution, subsection (7) suggests that the court could listen to arguments and decide that the amount should not be increased and that a mistake was made in the first place, so the amount should be reduced. I assume that that is the meaning of ``may vary''.

Subsection (8)(b) refers to the date of the original order. If I read it correctly, as a non-lawyer, I understand that a court may intervene to make a new order or vary the order. Instead of the original dates for appeal periods and cut-off dates, which we discussed on earlier clauses, a new order would restart such time limits. I raise that to make it clear in my mind that if a new order is made, the period of appeal starts again, rather than an appeal being ruled out of time because it was not made within the period of the original order. It would be useful to clear that up.