Clause 43
Policing and Crime Bill
11:45 am
Vernon Coaker (Minister of State (Policing, Crime & Security), Home Office; Gedling, Labour)
The hon. Gentleman makes the point that I was about to make. He has referred to one particular response that we received on extending the civil recovery period from 12 to 20 years, but a significant number of people responded by saying that there should be no limit on the period in which we seek to recover assets. Again, a judgment has been made. We received evidence from SOCA and law enforcement of some cases that have been time barred, so we thought it appropriate to extend the time period from 12 to 20 years.
To return to my earlier response to the hon. Gentleman, he will know better than me the process in court, but as far as I see it, the rights of defendants in court are always protected as far as possible by the court. Enabling defendants to defend themselves, particularly in civil proceedings, is one of the measures that the court adopts to ensure that a fair trial takes place. I understand the point that the hon. Gentleman makes about the full power of the state being used as against the rights of an individual to protect themselves.
A court is a public authority for the purposes of the Human Rights Act. It has to ensure, as a matter of principle, that a fair trial can take place. I should have thought that the fact that that is laid out will ensure that there is a fair trial, even when we have extended the civil recovery powers from 12 to 20 years. Although the hon. Gentleman tries to equate the criminal law with the civil law, as I understand it they are significantly different. Therefore the civil recovery process is a different process from the criminal process and so the time periods will be decided upon in the appropriate way.