Clause 38
Serious Crime Bill [Lords]
6:00 pm
Douglas Hogg (Sleaford and North Hykeham, Conservative)
I am bound to say that I am disappointed by that response. I draw on a certain amount of experience in this matter. About three weeks ago, I was acting in a case in which the police had seized every single document on the premises and carted them all away. They kept possession of them for more than two years. The idea that my client had access to copies is simply wrong; he had neither copies nor originals. He was facing confiscation proceedings under the Proceeds of Crime Act 2002, so that was a serious deprivation to him.
In appropriate cases, the law enforcement officer should be obliged to provide the person who is to be made the subject of the order with a copy, which he otherwise would not have. If he had a copy, he would not make the application. He would make the application because he did not have the copy and he needed it. I am saying no more than the principle of natural justice and disclosure in the ordinary criminal and civil courts requires. I hope that the Minister will think again, and I do not withdraw my amendment.