Clause 46
Policing and Crime Bill
12:00 pm
Vernon Coaker (Minister of State (Policing, Crime & Security), Home Office; Gedling, Labour)
Cases in which people contest these matters will go to court. Only in uncontested cases can a forfeiture order be made. If someone receives a notice saying, “You are going to forfeit this detained cash,” all they have to do is say, “I object,” and it will become a matter for the courts. One would suppose that if someone thought, “My goodness, the state is taking money that is legally mine—money that I have worked for all these years and that I have saved for my retirement,” they would object. If the police had detained someone’s money, and they received a letter telling them that it would be forfeited unless they objected, 99.9 per cent. of the population would say, “Hang on, that money is legally mine; I’m going to object,” and it would become a matter for the courts.
People do not have to prove anything for their case to go to court. They do not have to prove that the money is theirs or that it is not criminal money; they have only to say, “I object to forfeiting this money,” and it becomes a matter for the court. Which people would not do that? That is the question is it not? Who would not say to the court, “I object to you detaining my money,” if £10,000 of their money was being held and was going to be kept? Does anyone honestly expect that that person would not ring up the court and send them a note saying, “Excuse me, I object”? Who would not do that? That question answers itself. The people who will not do that are those who think, “Hang on a minute, I obtained this money illegally or criminally.” The question the hon. Member for Hornchurch did not answer is, if money is taken from a person and detained and they know that it was gained honestly and legally, why would they not tell the person who takes it that it is legally theirs? There must then be a court hearing. Why would anybody not reasonably do that? The vast majority of the population would be amazed to think that anybody who has money legally would not object to somebody taking it from them. If it was my money, there would be a letter in the post straight away.