Clause 107 - No order made: reconsideration of case

Part of Proceeds of Crime Bill – in a Public Bill Committee am 11:15 am ar 6 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 11:15, 6 Rhagfyr 2001

I think that, for once, the Minister has not made a drafting error. If a reference to clause 94(6)(b) had been left in, that would have removed any possibility of not making the confiscation order: that paragraph, having been altered so that ''may'' is replaced by ''must'', implies no measure of discretion. He substituted the reference to the just amount to leave in the residuary discretion that is implied by the other subsection—the number of which I have forgotten—that says that the court can, when it has taken all the circumstances of the case into consideration, decide not to take all the money.