Benefit from Commission of Offence

Orders of the Day — Criminal Justice (Scotland) Bill [Lords] – in the House of Commons at 7:15 pm on 7th June 1995.

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Amendments made: No. 147, in page 61, line 36, at beginning insert 'Subject to subsection (3A) below,'. No. 148, in page 61, line 37, leave out 'of the benefit' and insert 'referred to in section 70(5)(a)(i) of this Act'. No. 149, in page 62, line 3, leave out from 'period' to end of line 6 and insert—

  1. '(3A) Where—
    1. (a) the application for the confiscation order has been made in respect of two or more offences; or
    2. (b) during the relevant period the accused has been convicted of at least one other offence to which this Chapter applies, being an offence committed after the coming into force of this Chapter,
    the court may, in determining the amount referred to in section 70(5)(a)(ii) of this Act, make the assumptions set out in subsection (3B) below, except in so far as the accused proves either of those assumptions, on the balance of probabilities, to be incorrect.
  2. (3B) Those assumptions are—
    1. (a) that any property or economic advantage which has been obtained by the accused during the relevant period has been obtained in connection with the commission of an offence to which this Chapter applies; and
    2. (b) that any expenditure by him during the relevant period was met out of property or other economic advantage obtained in connection with the commission of such an offence.
  3. (3C) In subsections (3A) and (3B) above, "the relevant period" means the period of six years ending with the date on which proceedings were instituted against the accused for the offence in respect of which the application for the confiscation order has been made.'.—[Lord James Douglas-Hamilton.]