Proceeds of Crime Bill

[back to previous text]

New Clause 9


    '(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—

    (a) the applicant was deprived of the cash or part, or of property which it represents, by unlawful conduct,

    (b) the property he was deprived of was not, immediately before he was deprived of it, recoverable property, and

    (c) the cash or part belongs to him,

    the court or sheriff may order the cash or part to be released to the applicant.'.—[Mr. Bob Ainsworth.]

Column Number: 910

Brought up, read the First and Second time, and added to the Bill.

Mr. Grieve: On a point of order, Mr. McWilliam. I hope that the staff who are serving the Committee do not consider themselves the ''victims'' for having to attend on so many occasions.

The Chairman: For clarification, I should explain that we heard the word ''victims'' because the new clause was being read formally for the first time, so the Clerk read out its title.

Further consideration adjourned.—[Mrs. McGuire.]

Adjourned accordingly at sixteen minutes to Five o'clock till Tuesday 15 January at half-past Ten o'clock.

The following Members attended the Committee:
McWilliam, Mr. John (Chairman)
Ainsworth, Mr. Bob
Baker, Norman
Brooke, Mrs.
Clark, Mrs. Helen
David, Mr.
Davidson, Mr.
Field, Mr. Mark
Grieve, Mr.
Hawkins, Mr.
Hesford, Stephen
Johnson, Mr. Boris
Lazarowicz, Mr.
Lucas, Ian
McCabe, Mr.
McGuire, Mrs.
Robertson, John
Stinchcombe, Mr.
Stoate, Dr.
Watson, Mr.
Wilshire, Mr.

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Prepared 10 January 2002