Clause 20 - No order made: reconsideration of case

Part of Proceeds of Crime Bill – in a Public Bill Committee at 11:45 am on 27 November 2001.

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Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 11:45, 27 November 2001

Indeed.

I am especially mindful of the contribution of the hon. Member for Redcar (Vera Baird) and her reasoned analysis of the clause. The term used is not ``criminal offence'' but ``conduct''. I share the opinion of the hon. Member for Orkney and Shetland that that would fall plainly within ``result'' and that there would be no problem even if it occurred before the offence had been committed.

I do not want an exercise in semantics, but I should highlight one slight anxiety. I am fully aware—the Minister has explained, and it comes to no surprise to me—that what has been used is the mere repetition of a term that has been in legislation for some time. The problem is that experience in practice has over the years persuaded me of the extraordinary capacity for words and expressions that are slipped into statute to lie dormant for prolonged periods and suddenly to surface bizarrely, not necessarily to change the law, but to create all sorts of problems. Before they have been sorted out, they end up in the criminal Court of Appeal because a Crown court judge reaches his decision on a day when the prosecutor has not, unfortunately, read the Hansard for that day's Committee, and the prosecutor suggests, because he reasonably believes, that the judge's powers are wider than Parliament intended.

I have witnessed that countless times not only in the case of statutes, but in respect of unguarded, off-the-cuff comments and extempore judgments by lord justices after a good lunch. It causes problems and has to be sorted out. I flag up the matter for that reason and because cheap and streamlined justice is one of the Committee's aims. Mindful of that, I urge the Minister to consider carefully with his officials what is intended.

The hon. Member for Redcar rightly said that forfeiture proceedings will apply to property used in connection with crime, whether it be the sledgehammer used to break down the door or the JCB used to carry out the ram raid. All such items can be confiscated. I am reminded of judges confiscating with some enthusiasm the paraphernalia of a brothel at the conclusion of proceedings on offences related to such a business. It is precisely because of the close proximity of the two that I am anxious that people should not get it into their head that the two have been married together in the Bill, causing a problem that must subsequently be untangled.

On that note, and given the assurance that I am grateful to hear from the Minister that the matter will be given further thought, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.