Clause 27 - Information
Proceeds of Crime Bill
5:45 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
The amendment is a plea for clarity. The clause is brief and deals with the provision of information in cases that come under clauses 20, 21 or 22. It states:
``In such a case—
(a) the prosecutor or the Director . . . must give the court a statement of information within the period the court orders''.
It then states:
``(b) section 17 applies accordingly (with appropriate modifications where the prosecutor or the Director applies under section 22);
(c) section 19 applies accordingly;
(d) section 19 applies as it applies in the circumstances mentioned in section 19(1).''
If one goes chasing off through the Bill to find clause 19(1), one discovers that that does not provide an answer, because it tells us that
``This section applies if—
(a) the court is proceeding under section 6 in a case where section 6(3)(a) applies, or
(b) it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.
If the legislation is designed to be self-explanatory, this is hopeless. We have—the amendments have been grouped correctly—another, similar instance in clause 33, which amendment No. 118 would amend. That clause is entitled ``Court's powers on appeal''. It contains long and complex provisions and deals, under subsection (9), with section 11. Clause 33(10) states:
``Section 27 applies as it applies in the circumstances mentioned subsection (1) of that section.''
If one examines clause 27(1), it states:
``This section applies if—
(a) the court proceeds under section 6 in pursuance of sections 20 or 21, or
(b) the prosecutor or the Director applies under section 22.''
I am looking forward to the Minister providing me with a comprehensible explanation as to what is happening in both these clauses.