Clause 44 - Appeal to Court of Appeal
Proceeds of Crime Bill
9:45 am
Mr Alistair Carmichael (Orkney and Shetland, Liberal Democrat)
That will immediately become apparent when I raise my concern.
The clause allows for an appeal by an agency of the state. It also allows for an appeal by
``any person affected by the order.''
Presumably, that would be the defendant or a third party. The clause allows for them to appeal against an application for discharge or variation, or an order under clause 42(7) made to ensure that a restraint order is effective. However, it appears to me that it does not allow for an appeal against the restraint order itself by any person affected by that order. That is wrong—but I might have horribly misunderstood the clause. I would like the Minister to clarify the matter.