Clause 29 - Defendant neither convicted nor acquitted
Proceeds of Crime Bill
6:15 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
I do not wish to repeat what I said earlier, but there seems to be an issue here. It would be helpful if the Minister could take me through the procedure under clause 29 so that the Committee can understand how it differs from other procedures. If I have understood it correctly, there is a mechanism for confiscating the assets of someone who has not stood trial and who might not otherwise fall within the criteria for confiscation. If that is correct, why are we retaining it when we have a civil power to do exactly that to unconvicted criminals?
As these provisions cast the net so much wider by focusing not on offences or the proceeds linked to an offence, but on the whole criminal life and general criminal conduct, is there not a risk of injustice? After all, it is perfectly possible to bring civil proceedings in someone's absence and it is usually quite easy to prove one's case. Most of us who have been in the civil courts have had to go to court to prove our case in the absence of a defendant. It is not unusual. In those circumstances I seek the Committee's opinion as to whether it is correct to keep that power and extend it across a wide variety of offences and circumstances when an alternative is available.