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Clause 78 - Gifts and their recipients

Proceeds of Crime Bill

Public Bill Committees, 4 December 2001, 5:00 pm

Photo of Mr Bill O'Brien

Mr Bill O'Brien (Normanton, Labour)

With this we may discuss the following: Amendment No. 275, in page 49, line 14, at end insert

', unless such a person can establish on the balance of probabilities that he is a bona fide purchaser of such property without notice that the property was obtained by the defendant as a result of or in connection with his criminal conduct.'.

Clause stand part

Amendment No. 276, in clause 81, page 50, line 22, leave out 'the greater of'.

Amendment No. 277, in clause 81, page 50, line 25, at end insert 'or'.

New clause 5—Value of tainted gifts: variation—

'If the value of a tainted gift is found to be greater at the date the property was given than at the date the value of the property was found, the difference in such value shall be recoverable from the defendant but not from the recipient of the gift.'.

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