Proceeds of Crime Bill
Mr Roger Gale (North Thanet, Conservative)
I remind the Committee that with this we are taking the following amendments: No. 51, in page 5, line 37, leave out
`make the following four assumptions'
and insert
`follow the following four criteria'.
No. 52, in page 5, line 41, leave out `assumption' and insert `criterion'.
No. 53, in page 6, line 1, leave out `assumption' and insert `criterion'.
No. 54, in page 6, line 5, leave out `assumption' and insert `criterion'.
No. 55, in page 6, line 8, leave out `assumption' and insert `criterion'.
No. 56, in page 6, line 11, leave out `make a required assumption' and insert `follow any such criterion'.
No. 26, in page 6, line 13, leave out paragraph (a) and insert-
`(a) The Director does not lead sufficient evidence to establish the assumption on the balance of probabilities; or
(aa) The defendant leads evidence to entitle the court to refuse to make the assumption; or'.
No. 34, in page 6, line 13, leave out paragraph (a) and insert-
`(a) the defendant adduces evidence which is sufficient to raise an issue with respect to the matter and the prosecution fails to prove its case on the matter.'.
No. 57, in page 6, line 13, leave out
`assumption is shown to be incorrect'
and insert
`criterion is shown to be inapplicable'.
No. 58, in page 6, line 14, leave out `assumption were made' and insert `criterion were followed'
No. 76, in page 6, line 14, at end insert-
`(c) there is no rational connection between the facts proved in proceedings leading to the trigger convictions and the facts adduced for consideration of the assumptions.'.
No. 59, in page 6, line 15, leave out from `not' to `it' and insert
`follow one or more of such criteria'.
Question again proposed, That the amendment be made.