S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 4th December 2001
New Amendments handed in are marked thus *
STANDING COMMITTEE B
PROCEEDS OF CRIME BILL
NOTE
The Amendments have been arranged in accordance with the order of the Committee [13th November].
Mr George Foulkes
141
Clause 94, page 55, line 22, leave out 'may' and insert 'must'.
Mr George Foulkes
142
Clause 94, page 55, line 22, leave out 'if' and insert 'where'.
Mr George Foulkes
143
Clause 94, page 55, line 31, leave out 'at any time before the accused is sentenced'.
Mr George Foulkes
144
Clause 94, page 56, line 4, leave out 'may' and insert 'must'.
Mr George Foulkes
145
Clause 94, page 56, line 5, at end insert—
'(6A) But the court must treat the duty in subsection (6) as a power if it believes that any victim of the conduct has at any time started or intends to start proceedings against the accused in respect of loss, injury or damage sustained in connection with the conduct.'.
Mr George Foulkes
146
Clause 94, page 56, line 10, leave out 'standard applicable in civil proceedings' and insert 'balance of probabilities'.
Mr George Foulkes
282
Page 56, line 19, leave out Clause 95.
Mr George Foulkes
148
Clause 96, page 56, line 32, at end insert—
'(2A) But if section 94(6A) applies the recoverable amount is such amount as—
| (a) | the court believes is just, but |
| (b) | does not exceed the amount found under subsection (1) or (2) (as the case may be).'. |
Mr George Foulkes
149
Clause 96, page 56, line 36, after '297', insert '(2)'.
Mr George Foulkes
302
*Clause 98, page 57, line 38, leave out from 'date' to end of line 41.
Mr George Foulkes
150
Clause 99, page 58, line 3, leave out 'may' and insert 'must'.
Mr George Foulkes
151
Clause 99, page 58, line 22, after 'if', insert '(a)'.
Mr George Foulkes
152
Clause 99, page 58, line 23, at end insert ', or
| (b) | there would be a serious risk of injustice if the assumption were made.'. |
Mr George Foulkes
153
Clause 100, page 58, line 43, after 'Act', insert '(compensation orders)'.
Mr George Foulkes
154
Clause 100, page 59, line 4, after '(c.43)', insert '(forfeiture orders)'.
Mr George Foulkes
155
Clause 102, page 60, line 36, at end insert 'or if the accused has failed to comply with an order under section 105(1)'.
Mr George Foulkes
156
Clause 102, page 60, line 38, leave out from 'conviction' to end of line 39.
Mr George Foulkes
157
Clause 102, page 61, line 4, at end insert—
'(6A) If—
| (a) | proceedings are postponed for a period, and |
| (b) | an application to extend the period is made before it ends, |
the application may be granted even after the period ends.'.
Mr George Foulkes
158
Clause 103, page 61, line 17, leave out 'or'.
Mr George Foulkes
159
Clause 103, page 61, line 18, at end insert—
| '(c) | make an order for the payment of compensation under section 249 of the Procedure Act.'. |
Mr George Foulkes
160
Clause 103, page 61, line 18, at end insert—
'(3A) If the court sentences the accused for the offence (or any of the offences) concerned in the postponement period, after that period ends it may vary the sentence by—
| (a) | imposing a fine on him, |
| (b) | making an order falling within section 100(3), or |
| (c) | making an order for the payment of compensation under section 249 of the Procedure Act. |
(3AB) But the court may proceed under subsection (3A) only within the period of 28 days which starts with the last day of the postponement period.'.
Mr George Foulkes
161
Clause 104, page 62, line 12, after '(2)', insert '—
Mr George Foulkes
162
Clause 104, page 62, line 13, at end insert—
| '(b) | must, if the prosecutor believes there would be a serious risk of injustice if a required assumption were made, include information he believes is relevant in connection with deciding whether it should not be made.'. |
Mr George Foulkes
163
Clause 104, page 62, line 20, after 'information', insert '—
Mr George Foulkes
164
Clause 104, page 62, line 21, at end insert—
| '(b) | he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders'. |
Mr George Foulkes
165
Clause 104, page 62, line 22, leave out subsections (6) to (9).
Mr George Foulkes
166
Clause 105, page 62, line 37, leave out 'If' and insert 'When'.
Mr George Foulkes
167
Clause 105, page 62, line 40, leave out '(within the period it orders)'.
Mr George Foulkes
168
Clause 105, page 62, line 43, after paragraph (b), insert ', within the period it orders'.
Mr George Foulkes
169
Clause 105, page 62, line 43, at end insert—
'(1A) Where by virtue of section 102 the court postpones proceedings under section 94, the period ordered by the court under subsection (1) shall be a period ending not less than six months before the end of the permitted period mentioned in section 102.'.
Mr George Foulkes
170
Clause 106, page 63, line 33, leave out 'assertion' and insert 'allegation'.
Mr George Foulkes
171
Clause 107, page 64, line 6, leave out 'date of conviction' and insert 'relevant date'.
Mr George Foulkes
172
Clause 107, page 64, line 13, leave out 'may' and insert 'must'.
Mr George Foulkes
173
Clause 107, page 64, line 23, leave out 'may' and insert 'must'.
Mr George Foulkes
174
Clause 107, page 64, line 29, at end insert—
'(5A) The recoverable amount for the purposes of section 94 is such amount as—
| (a) | the court believes is just, but |
| (b) | does not exceed the amount found under section 96.'. |
Mr George Foulkes
175
Clause 107, page 64, line 30, leave out 'proceeding under section 94(6)(b)' and insert 'arriving at the just amount'.
Mr George Foulkes
176
Clause 107, page 64, line 31, at end insert—
| '(aa) | the amount found under section 96;'. |
Mr George Foulkes
177
Clause 107, page 64, line 35, leave out ', unless the order has' and insert 'and has not'.
Mr George Foulkes
178
Clause 107, page 64, line 41, at end insert—
'(6A) If an order for payment of compensation under section 249 of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 100(5) and (6) do not apply.'.
Mr George Foulkes
179
Clause 108, page 65, line 43, leave out 'may' and insert 'must'.
Mr George Foulkes
180
Clause 108, page 66, line 6, at end insert—
'(8A) The recoverable amount for the purposes of section 94 is such amount as—
| (a) | the court believes is just, but |
| (b) | does not exceed the amount found under section 96.'. |
Mr George Foulkes
181
Clause 108, page 66, line 7, leave out 'proceeding under section 94(6)(b)' and insert 'arriving at the just amount'.
Mr George Foulkes
182
Clause 108, page 66, line 8, at end insert—
| '(aa) | the amount found under section 96'. |
