Clause 8 - Recoverable amount
Proceeds of Crime Bill
11:30 am
Mr George Foulkes (Minister of State, Scottish Office; Carrick, Cumnock and Doon Valley, Labour/Co-operative)
I had hoped that all three clauses were straightforward, although relevant points were raised about clause 7.
Clause 8 establishes the basic rule governing the calculation of a confiscation order. The amount ordered to be paid is described as the recoverable amount. That amount must equal the defendant's benefit or the amount actually available for confiscation, if that is lower. The amount available for confiscation is referred to as the available amount.
The court will calculate the available amount only if the defendant asks it to do so. The onus rests on the defendant to prove that the available amount is lower than the benefit.