Clause 49 - Powers
Proceeds of Crime Bill
10:00 am
Mr Boris Johnson (Henley, Conservative)
I just want to say how vehemently I agree with my hon. Friends, and to add a layman's point of view. During our discussion of the restraint orders, appeal process and so on, one question has formed in my mind, which I would be grateful if the Minister would answer. I can understand the logic of freezing the potential villain's assets, because although he has not been convicted of anything, we do not want him to scarper, disperse his assets and make them unavailable for confiscation. If the assets are frozen, the receiver can avail himself of them to remunerate himself. Before the individual has been convicted, his property is being taken away, and I can see that there may be arguments in favour of that—but how long will that situation go on?
Is there a time limit to the restraint order and the freezing process before the charges are brought and the potential villain is charged with an offence? There seems to be a long period during which assets can be frozen, and frittered away by the state, and then it may be discovered that the assets snaffled by the director and the receiver were not the proceeds of crime, so they may have to be returned to the individual concerned. How long will it all go on? Does the Bill contain a provision for minimising that period? I have not discovered such a provision yet.
Several hon. Members rose—