Proceeds of Crime Bill — 13 May 2002 at 17:04
Clause 102 [Time for making confiscation order]:
moved Amendment No. 110A:
Page 60, line 44, leave out subsection (1) and insert-
"(1) The court may-
(a) proceed under section 94 before it sentences the accused for the offence (or any of the offences concerned), or
(b) postpone proceedings under section 94 for a specified period.
(1A) A period of postponement may be extended."
On Question, amendment agreed to.
Clause 102, as amended, agreed to.
Clause 103 [Effect of postponement]:
[Amendment No. 111 not moved.]
moved Amendment No. 111A:
Page 62, line 1, leave out subsection (6).
On Question, amendment agreed to.
Clause 103, as amended, agreed to.
Clause 104 [Statement of information]:
[Amendments Nos. 112 to 117 not moved.]
Clause 104 agreed to.
Clause 105 [Accused's response to statement of information]:
[Amendment No. 118 not moved.]
Clause 105 agreed to.
Clause 106 [Provision of information by accused]:
[Amendment No. 119 not moved.]
Clause 106 agreed to.
Clause 107 [No order made: reconsideration of case]:
moved Amendment No. 119A:
Page 64, line 38, leave out "sections 94(4) and 95 do" and insert "section 94(4) does"
On Question, amendment agreed to.
Clause 107, as amended, agreed to.
Clause 108 [No order made: reconsideration of benefit]:
[Amendment No. 120 not moved.]
moved Amendment No. 120A:
Page 66, line 20, leave out "sections 94(4) and 95 do" and insert "section 94(4) does"
On Question, amendment agreed to.
Clause 108, as amended, agreed to.
Clause 109 [Order made: reconsideration of benefit]:
moved Amendment No. 120B:
Page 67, line 12, at end insert-
"(aa) there is evidence which was not available to the prosecutor at the relevant time,"
moved Amendment 120C:
Page 67, leave out line 15 and insert "relevant amount"
On Question, amendment agreed to.
[Amendment No. 121 not moved.]
moved Amendment No. 121A:
Page 67, line 18, leave out "on which his belief is based"
On Question, amendment agreed to.
[Amendment No. 122 not moved.]
moved Amendment No. 122A:
Page 67, line 40, leave out from first "the" to fourth "the" and insert "relevant amount"
On Question, amendment agreed to.
moved Amendment No. 122B:
Page 68, line 20, at end insert-
"(10A) The relevant time is-
(a) when the court calculated the accused's benefit for the purposes of the confiscation order, if this section has not applied previously;
(b) when the court last calculated the accused's benefit in pursuance of this section, if this section has applied previously.
(10B) The relevant amount is-
(a) the amount found as the accused's benefit for the purposes of the confiscation order, if this section has not applied previously;
(b) the amount last found as the accused's benefit in pursuance of this section, if this section has applied previously."
On Question, amendment agreed to.
Clause 109, as amended, agreed to.
Clause 110 [Order made: reconsideration of available amount]:
moved Amendment No. 122C:
Page 68, line 34, leave out from third "the" to fourth "the" on line 35 and insert "relevant amount"
On Question, amendment agreed to.
moved Amendments Nos. 122D and 122E:
Page 68, line 39, leave out "(when the confiscation order was made)"
Page 69, line 8, at end insert-
"(7) The relevant amount is-
(a) the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;
(b) the amount last found as the available amount in pursuance of this section, if this section has applied previously.
(8) The amount found as the accused's benefit from the conduct concerned is-
(a) the amount so found when the confiscation order was made, or
(b) if one or more new calculations of the accused's benefit have been made under section 109 the amount found on the occasion of the last such calculation."
On Question, amendments agreed to.
Clause 110, as amended, agreed to.
Clauses 111 to 117 agreed to.
Clause 118 [Appeal by prosecutor]:
[Amendments Nos. 123 to 126 not moved.]
Clause 118 agreed to.
Clauses 119 to 121 agreed to.
Clause 122 [Conditions for exercise of powers]:
moved Amendment No. 126A:
Page 76, line 23, leave out from first "the" to end of line 24 and insert "relevant amount (as defined in that section)"
On Question, amendment agreed to.
moved Amendment No. 126B:
Page 76, line 31, leave out from first "the" to end of line 32 and insert "relevant amount (as defined in that section)"
On Question, amendment agreed to.
Clause 122, as amended, agreed to.
Clause 123 [Restraint orders etc]:
moved Amendment No. 127:
Page 77, line 15, at end insert-
"( ) to specified parts of the realisable property held by the specified person"
On Question, Whether the said amendment (No. 127) shall be agreed to?
Their Lordships divided: Contents, 68; Not-Contents, 143.
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