Clause 72 - Financial reporting orders: variation and revocation
Serious Organised Crime and Police Bill
2:45 pm
Mr Dominic Grieve (Shadow Attorney General, Home Affairs; Beaconsfield, Conservative)
I beg to move amendment No. 205, in clause 72, page 42, line 15, leave out 'convicted' and insert 'sentenced'.
This is a probing amendment. I am a little puzzled by subsection (3), which states:
''if the order was made on appeal, the application must be made to the court which originally convicted the person in respect of whom the order was made.''
Surely the application needs to be made to the court that originally sentenced the person: the convicting court and the sentencing court will not necessarily be one and the same. It would be most undesirable if a person convicted in the magistrates court and committed to the Crown court for sentence ended up back in the magistrates court. It seems desirable, if possible, that the judge who originally imposed the sentence should hear the case. I would be glad to hear whether the Minister thinks that there is any substance in my proposal.