Clause 8 - Recoverable amount
Proceeds of Crime Bill
11:45 am
Mr George Foulkes (Minister of State, Scottish Office; Carrick, Cumnock and Doon Valley, Labour/Co-operative)
I agree that clarification is necessary. Perhaps it might be better to refer to the matter when we reach the hon. Gentleman's later amendment.
Subsection (2) makes it clear that in such a case, the revised amount must not exceed the available amount. Subsection (4) is new. It requires the court to deduct from the assessed benefit any benefit that is already the subject of a civil recovery order or a cash forfeiture order part 5. The aim of that is to avoid double recovery of the same benefit.
Subsection (5) is slightly different from the current legislation. Each time the court decides the available amount, it must draw up a statement setting out its calculations. At present, the court is obliged to do that only in cases when it decides that the available amount is lower than the assessed benefit. The purpose of the change is to improve the information available to the authorities when enforcing the confiscation order.