Clause 69 - Powers of court and receiver

Part of Proceeds of Crime Bill – in a Public Bill Committee am 2:45 pm ar 29 Tachwedd 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 2:45, 29 Tachwedd 2001

The hon. Gentleman overlooks subsection (3)(c), which says:

``in a case where a confiscation order has not been made against the defendant, property must not be sold if the court so orders under subsection (4).''

If a house has been owned by the family for generations—or the item might perhaps be a work of art, a racehorse or whatever—the defendant will tell the court that he does not want the receiver to be allowed to dispose of that property. He will make his case, the court will instruct the receivers not to dispose of that property, and they will not be allowed to do so. Subsequently, when a confiscation order is made, the property will cease to belong to the defendant; it will become the property of the state, and the receiver will dispose of it as he deems fit, on behalf of the citizen.