| Amendments proposed to the Proceeds of Crime Bill, As Amended - continued | House of Commons |
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Mr Oliver Letwin 171 Page 48, line 11 [Clause 75], leave out paragraph (c).
Norman Baker 142 Page 48, line 13 [Clause 75], leave out 'an' and insert 'a serious'.
Norman Baker 200 Page 48, line 18 [Clause 75], after 'benefited', insert 'to a minimum of £3,000.'
Mr Oliver Letwin 49 Page 48, line 22 [Clause 75], at end insert—'(4) It shall be open to any defendant to adduce evidence in rebuttal that the condition is satisfied and if such evidence is adduced the court may hold that he is not a dishonest offender for gain, notwithstanding the conditions being satisfied, if it considers that there would be a real risk of injustice so to do.'.
Mr Oliver Letwin 11 Page 49, line 11 [Clause 77], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.
Mr Oliver Letwin 12 Page 49, line 13 [Clause 77], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.
Mr Oliver Letwin 13 Page 49, line 23 [Clause 77], leave out 'does not have a criminal lifestyle' and insert 'is not a dishonest offender for gain'.
Mr Secretary Blunkett 87 Page 50, line 3 [Clause 78], leave out 'the defendant obtained it' and insert 'of the transfer'.
Mr Oliver Letwin 51 Page 50, line 4 [Clause 78], leave out 'obtained it' and insert 'makes such transfer'.
Mr Secretary Blunkett 88 Page 50, line 9 [Clause 78], leave out 'the defendant obtained it' and insert 'of the transfer'.
Mr Oliver Letwin 54 Page 50, line 12 [Clause 78], at end insert—'(4) If the recipient of a tainted gift obtained the property in good faith, without knowledge of it being a defendant's benefit from criminal conduct, then, if the value of such tainted gift is found to be greater at the date the property was given than at the date the property is confiscated, the difference in such value shall be recoverable from the defendant but not from the recipient of the gift.'.
Norman Baker 135 Page 56, line 11 [Clause 94], after 'must', insert 'normally'.
Norman Baker 204 Page 56, line 11 [Clause 94], leave out 'three' and insert 'four'.
Mr Oliver Letwin 146 Page 56, line 12 [Clause 94], at end insert 'and the court considers that there is no real risk of injustice from it so proceeding'.
Norman Baker 205 Page 56, line 23 [Clause 94], at end insert—'(4A) The fourth condition is that, after considering the evidence contained in a statement of information prepared by the prosecutor under section 104, the court believes that it is appropriate for it to act under this section.'.
Mr Oliver Letwin 14 Page 56, line 25 [Clause 94], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.
Mr Oliver Letwin 15 Page 56, line 26 [Clause 94], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.
Mr Oliver Letwin 16 Page 56, line 28 [Clause 94], leave out 'does not have a criminal lifestyle' and insert 'is not a dishonest offender for gain'.
Mrs Secretary Liddell 230 Page 56, line 33 [Clause 94], leave out from 'pay' to 'amount' in line 34 and insert 'that'.
Norman Baker 206 Page 56, line 41 [Clause 94], at end insert—'(8A) In making representations to the court under subsection (8), any person whom the court thinks is likely to be affected shall be entitled to appear before the court.'.
Mr Oliver Letwin 148 Page 57, line 2 [Clause 94], leave out 'balance of probabilities' and insert 'standard of proof applicable in civil proceedings'.
Mrs Secretary Liddell 232 Page 57, line 3 [Clause 94], leave out 'absconds' and insert 'is unlawfully at large'.
Mr Oliver Letwin 150 Page 57, line 16 [Clause 96], at end insert—'(1A) But the accused shall not be held to have benefited to the extent that such benefit has already been forfeited by reason of any other power or enactment.'.
Mr Oliver Letwin 17 Page 58, line 38 [Clause 99], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.
Norman Baker 138 Page 58, line 39 [Clause 99], after 'must', insert 'normally'.
Mr Oliver Letwin 152 Page 59, line 15 [Clause 99], leave out 'serious' and insert 'real'.
Mrs Secretary Liddell 290 Page 60, line 11 [Clause 100], leave out subsection (7).
Norman Baker 207 Page 60, line 29 [Clause 101], at end insert—
Norman Baker 208 Page 60, line 31 [Clause 101], leave out 'or (b)' and insert '(b), (bb) or (bc)'.
Norman Baker 209 Page 60, line 35 [Clause 101], at end insert—'(3A) Before granting an application under subsection (3) above, the court must take into account representations made to it by any of the persons referred to in paragraphs (a), (b), (bb) or (bc) of subsection (3); (3B) In making representations under subsection (3A), any of the persons referred to in paragraphs (a), (b), (bb) and (bc) of subsection (3) shall be entitled to appear before the court.'.
Norman Baker 210 Page 61, line 5 [Clause 101], at end insert 'or by the relevant person with a person of the same sex as the relevant person in terms of subsection (3)(bb) or by the relevant person with a member of his family in terms of subsection (3)(bc).'.
Norman Baker 211 Page 61, line 20 [Clause 101], at end insert—
Norman Baker 212 Page 63, line 11 [Clause 104], leave out from first 'the' to end of line 12 and insert 'prosecutor asks the court to act under section 94, the prosecutor shall, within such period as the court may specify, give the court a statement of information'.
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