Serious Organised Crime and Police Bill
Assistance by defendant: review of sentence
Amendments made: No. 169, in clause 68, page 39, line 8, leave out from first 'sentence' to 'and' in line 9.
No. 171, in clause 68, page 40, line 9, leave out 'and (8)' and insert '(8) and (9)'.—[Caroline Flint.]
Clause 68, as amended, ordered to stand part of the Bill.
Financial reporting orders: making
Mr. Djanogly: I beg to move amendment No. 201, in clause 69, page 40, line 14, leave out 'a magistrates' court or'.
The Chairman: With this it will be convenient to discuss the following amendments: No. 202, in clause 69, page 40, line 39, leave out subsection (6).
No. 203, in clause 70, page 41, line 2, leave out from first 'the' to 'Court'.
No. 204, in clause 70, page 41, line 18, leave out subsection (6).
Mr. Djanogly: The idea of enhanced licensing power seems to be one of the more cutting-edge areas of criminal law, the basic idea being to look at the licence conditions for criminals, possibly post-release, or post-conviction and during prison, or after sentencing. As for when any changes will cut in, that is a debate that will come up later in the clause.
The licensing powers in question relate to financial reporting orders. The Opposition support the provisions. It should possible to mould financial reporting orders to fit the circumstances of a case. We also support the basic premise of ending the old arrangement, whereby which criminals could do their time and enjoy their ill-gotten gains once they came out of prison. A well drafted order should be an aid towards that end. However, the process is new and we need to tread carefully, not least given the human rights issues involved and the significant breach of rights to privacy that the orders will necessarily involve. We must ask at what point the infringement of privacy involved in such orders becomes unjustifiable, acknowledging that even where they are justifiable, their length and scope will need to be proportionate to the offence and the risk of reoffending. Unfortunately that important issue is not addressed in the Bill—
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half-past Two o'clock.
|©Parliamentary copyright 2005||Prepared 13 January 2005|