| Amendments proposed to the Proceeds of Crime Bill - continued | House of Commons |
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Mr Dominic Grieve 460 Clause 297, page 172, line 10, after 'satisfied', insert 'to the civil standard of proof'.
Mr Bob Ainsworth 333 Clause 297, page 172, line 16, leave out subsections (4) and (5).
Mr Dominic Grieve 419 Clause 297, page 172, line 17, leave out 'other than' and insert 'including'.
Mr Bob Ainsworth 334 Clause 297, page 172, line 29, leave out subsection (6).
Mr Dominic Grieve 461 Clause 298, page 172, line 35, after 'cash', insert 'or any person claiming that any cash detained under section 294 belongs to him'.
Mr Bob Ainsworth 335 Clause 300, page 173, line 20, leave out subsections (2) and (3) and insert—'(1A) If, for any period after the initial detention of the cash for 48 hours, the cash was not held in an interest-bearing account while detained, the court or sheriff may order an amount of compensation to be paid to the applicant. (1B) The amount of compensation to be paid under subsection (1A) is the amount the court or sheriff thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account. (1C) If the court or sheriff is satisfied that, taking account of any interest to be paid under section 295 or any amount to be paid under subsection (1A), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court or sheriff may order compensation (or additional compensation) to be paid to him. (1D) The amount of compensation to be paid under subsection (1C) is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances'.
Mr Dominic Grieve 420 Clause 300, page 173, line 21, leave out 'exceptional' and insert 'such that the court or sheriff considers them reasonable'.
Mr Bob Ainsworth 336 Clause 300, page 173, line 41, leave out '297(5)' and insert '[Victims]'.
Mr Dominic Grieve 462 Clause 301, page 174, line 3, leave out from 'is' to end of line 5 and insert '£10,000'.
Mr Bob Ainsworth 337 Clause 302, page 174, line 17, leave out 'Property' and insert 'Recoverable property obtained through unlawful conduct'.
Mr Bob Ainsworth 338 Clause 303, page 174, line 27, leave out 'the original property or of' and insert 'recoverable property, whether the original property or'.
Mr Bob Ainsworth 339 Clause 303, page 174, line 31, after 'of', insert 'recoverable'.
Mr Bob Ainsworth 340 Clause 310, page 178, line 25, at end insert 'or (7)'.
Mr Bob Ainsworth 341 Clause 310, page 179, line 14, leave out 'by virtue of section 267' and insert 'under section 267 (including one made by virtue of section 276)'.
Mr Bob Ainsworth 342 Clause 310, page 179, line 43, at end add—'( ) Proceedings against any person for an offence are concluded when—
NEW CLAUSES RELATING TO PART 5Consent orders: pensions
Mr Bob Ainsworth NC8 To move the following Clause:—'(1) This section applies where recoverable property to which proceedings under this Chapter relate includes rights under a pension scheme. (2) A recovery order made by virtue of section 276—
(5) The following provisions apply in respect of a recovery order made by virtue of section 276, so far as it includes the requirement mentioned in subsection (3). (6) The order overrides the provisions of the pension scheme to the extent that they conflict with the requirement. (7) The order may provide for the recovery by the trustees or managers of the scheme (whether by deduction from any amount which they are required to pay in pursuance of the agreement or otherwise) of costs incurred by them in—
(9) Section 275(3) to (6) has effect for the purposes of this section.'.
Victims
Mr Bob Ainsworth NC9 To move the following Clause:—'(1) A person who claims that any cash detained under section 294, or any part of it, belongs to him may apply to a magistrates' court or (in Scotland) the sheriff for the cash or part to be released to him. (2) The application may be made in the course of proceedings under section 294 or 297 or at any other time. (3) If it appears to the court or sheriff concerned that—
Mr Dominic Grieve 421 Clause 311, page 180, line 10, leave out 'criminal' and insert 'unlawful'.
Mr Dominic Grieve 422 Clause 311, page 180, line 14, leave out 'criminal' and insert 'unlawful'.
Mr Dominic Grieve 423 Clause 320, page 185, line 10, leave out subsection (1) and insert—'(1) Conduct occurring in any part of the United Kingdom is unlawful conduct if it is unlawful under the criminal law of that part. (1A) Conduct which—
Mr Dominic Grieve 424 Clause 320, page 185, line 14, leave out 'criminal' and insert 'unlawful'.
Mr Dominic Grieve 425 Clause 320, page 185, line 18, leave out second 'criminal' and insert 'unlawful'.
Mr Bob Ainsworth 283 Clause 320, page 185, line 23, leave out 'or a pecuniary advantage'.
Mr Bob Ainsworth 284 Clause 320, page 185, line 24, at end insert—'(5A) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.'.
Mr Bob Ainsworth 285 Clause 320, page 185, line 28, leave out 'or pecuniary advantage'.
Mr Dominic Grieve 426 Clause 321, page 186, line 11, after 'he', insert 'knowingly'.
Mr Dominic Grieve 427 Clause 322, page 186, line 29, after 'he', insert 'knowingly'.
Mr Dominic Grieve 428 Clause 323, page 187, line 2, after 'he', insert 'knowingly'.
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