Clause 6 - Making of order
Proceeds of Crime Bill
11:00 am
Mr Boris Johnson (Henley, Conservative)
We are all getting our knickers in a twist over the balance of probabilities because it relates to whether the defendant has a criminal lifestyle. The court must decide on the balance of probabilities whether the defendant has a criminal lifestyle, which as we discussed last week is difficult and absurd. That the matters under clause 4 must be decided on the balance of probabilities is a rum sort of triggering mechanism. The court must first decide whether the defendant has a criminal lifestyle and then whether he benefited from the conduct. If the chap does not have a criminal lifestyle, the court must decide whether he benefited from the criminal conduct. I do not understand why it is necessary to make the judgment whether the defendant has a criminal lifestyle, given that in either case it will be a matter of examining his criminal conduct and whether his assets can be taken away. If—