S.C.B.
Amendment Paper as at
Tuesday 4th December 2001
STANDING COMMITTEE B
New Amendments handed in are marked thus *
PROCEEDS OF CRIME BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th November].
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
269
Clause 75, page 47, line 18, after '(1)', insert 'The court may find that'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
22
Clause 75, page 47, line 18, leave out 'has a criminal lifestyle' and insert 'is an habitual criminal for gain'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
Norman Baker
Mr Alistair Carmichael
Annette Brook
270
Clause 75, page 47, line 24, leave out paragraph (c).
Norman Baker
Mr Alistair Carmichael
Annette Brook
279
Clause 75, page 47, line 26, leave out paragraph (e).
Norman Baker
Mr Alistair Carmichael
Annette Brook
280
Clause 75, page 47, line 28, after 'benefited', insert 'to a minimum of £5,000'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
271
Clause 75, page 47, line 30, after 'offences', insert 'punishable by imprisonment or a by a fine of or above level 2 on the standard scale'.
Norman Baker
Mr Alistair Carmichael
Annette Brook
281
Clause 76, page 47, line 40, leave out from 'conduct' to end of line 2 on page 48.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
272
Clause 76, page 48, line 5, after 'concerned', insert 'and which is punishable by imprisonment or a by a fine of or above level 2 on the standard scale'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
273
Clause 76, page 48, line 17, leave out subsection (6).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
274
Clause 78, page 49, line 14, leave out 'obtained' and insert 'transferred'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
275
Clause 78, page 49, line 14, at end insert ', unless such a person can establish on the balance of probabilities that he is a bona fide purchaser of such property without notice that the property was obtained by the defendant as a result of or in connection with his criminal conduct.'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
276
Clause 81, page 50, line 22, leave out 'the greater of'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
277
Clause 81, page 50, line 25, at end insert 'or'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
278
Clause 81, page 50, line 27, at end insert 'if this is greater than under (a)'.
Mr Bob Ainsworth
50
Clause 84, page 51, line 31, leave out from 'security' to end of line 32.
Norman Baker
Mr Alistair Carmichael
Annette Brooke
106
Clause 90, page 54, line 22, at end insert—
'(2A) An investigating agency is any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) which conducts a criminal investigation within the meaning of subsection (2).'.
NEW CLAUSES RELATING TO PART 3
Inadequacy of available amount: discharge of order
Mr George Foulkes
NC1
To move the following Clause:—
'(1) This section applies if—
| (a) | a court has made a confiscation order, and |
| (b) | the prosecutor applies to the court to discharge the order under this section. |
(2) In such a case the court must calculate the available amount, and in doing so it must apply section 98 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
(3) If the court finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid it may discharge the confiscation order.'.
Seizure
Mr George Foulkes
NC2
To move the following Clause:—
'(1) If a restraint order is in force a constable may seize any realisable property to which it applies to prevent its removal from Scotland.
(2) Property seized under subsection (1) must be dealt with in accordance with the directions of the court which made the order.'.
Recall and variation of order
Mr George Foulkes
NC3
To move the following Clause:—
'(1) The prosecutor and any other person affected by an order made under section 127 or 129 may apply to the court to vary or recall the order.
(2) On an application under this section the court—
| (b) | may recall the order. |
(3) But in the case of an order under section 127—
| (a) | if the condition in section 121 which was satisfied was that proceedings were started or an application was made, the court must recall the order on the conclusion of the proceedings or of the application (as the case may be); |
| (b) | if the condition which was satisfied was that an investigation was started or an application was to be made, the court must recall the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).'. |
Appeals
Mr George Foulkes
NC4
To move the following Clause:—
'(1) If on an application for an order under section 127 or 129 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision.
(2) If the court makes an order under section 127 or 129 the following persons may appeal to the Court of Session in respect of the court's decision—
| (b) | any person affected by the order. |
(3) If on an application for an order under section 136 the court decides not to make one, the person who applied for the order may appeal to the Court of Session against the decision.
(4) If the court makes an order under section 136, the following persons may appeal to the Court of Session in respect of the court's decision—
| (a) | the person who applied for the order; |
| (b) | any person affected by the order; |
(5) The following persons may appeal to the Court of Session against a decision of the court on an application under section (Recall and variation of order)—
| (a) | the person who applied for the order in respect of which the application was made; |
| (b) | any person affected by the court's decision; |
(6) On an appeal under this section the Court of Session may—
| (a) | confirm the decision, or |
| (b) | make such order as it believes is appropriate.'. |
Time for making order
Mr George Foulkes
NC6
To move the following Clause:—
'A confiscation order must be made before the court sentences the accused for the offence (or any of the offences) concerned.'.
Value of tainted gifts: variation
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
NC5
To move the following Clause:—
'If the value of a tainted gift is found to be greater at the date the property was given than at the date the value of the property was found, the difference in such value shall be recoverable from the defendant but not from the recipient of the gift.'.
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'.
