Clause 46
Policing and Crime Bill
12:15 pm
James Brokenshire (Shadow Minister, Home Affairs; Hornchurch, Conservative)
I hear what the Minister says, but he is making various assumptions in saying that a person who gains money legally will always object. He said that the vast majority of those who do not object will be criminals or those who know they have received money unlawfully. However, there may be circumstances in which that is not the case. Somebody in receipt of such a notice might not fully appreciate its nature and ambit and that forfeiture will arise. That could happen regardless of what is stated in the provisions on the right to challenge such a notice.
I caution the Minister about making the administrative convenience argument. Why should there not be a simple obligation on the relevant authorities to obtain the necessary order from a court and be done with it? I want to understand why it is felt that the route in the clause is better. There is a broader issue of principle because the proposal sets certain precedents. That is why I am not just focusing on the specifics of the clause.