Clause 107 - No order made: reconsideration of case

Part of Proceeds of Crime Bill – in a Public Bill Committee at 11:00 am on 6 December 2001.

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Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 11:00, 6 December 2001

I have not directed my attention to the amendment, but the hon. Gentleman has made a good point. We have already amended ''may'' to ''must'' under clause 94(6)(b) and that provision would introduce the element of compulsion. As he said, it is a bit odd, having made such an amendment then to remove ''proceeding under section 94(6)(b)'', and replace it with

''arriving at the just amount'',

thus leaving it to the court's discretion to determine what is or what is not just. An element of discretion is being reintroduced that changing ''may'' to ''must'' under clause 94(6)(b) had removed.