Part of Proceeds of Crime Bill – in a Public Bill Committee am 4:30 pm ar 18 Rhagfyr 2001.
Perhaps the use of the word ''paramount'' is an exaggeration.
We discussed how undesirable it was to fetter judicial discretion. Clause 255(6) tells the courts how they should exercise their discretion when making exclusions. Previously, they were told that their discretion should be fettered in relation to recoverable property only, but now it must be fettered in relation to associated property, and the courts must act in a way that is in favour of the enforcement authority and against the individual who may be adversely affected if an exclusion order is not made.