Clause 9 - Defendant's benefit
Proceeds of Crime Bill
12:00 pm
Mr David Wilshire (Spelthorne, Conservative)
When I spoke to the Clerk this morning I was reassured that clause 9(2) did not mean that the court would take account of honestly gained assets. Will the Minister confirm that? Subsection (2) states:
``The court must—
(a) take account of conduct occurring up to the time it makes its decision''.
I assumed, perhaps wrongly, that that meant that the court must take account of conduct of a criminal nature that had occurred up to the time of making the order. Subsection (2)(b) states that the court must
``take account of property obtained up to that time.''
Similarly, I assumed that that meant property obtained as a result of criminal activity, rather than property that had been got hold of, purchased by or given to people in a totally legitimate and legal way. Will the Minister assure the Committee that the court will take into account criminal acquisitions, rather than totally innocent and above board acquisitions? If so, will he also say why clause 9 does not spell out the fact that the court should be taking into account criminal conduct and property obtained by criminal means?