Clause 185 - Court's powers on appeal

Proceeds of Crime Bill – in a Public Bill Committee at 12:45 pm on 11 December 2001.

Alert me about debates like this

Photo of Roger Gale Roger Gale Vice-Chair, Conservative Party

With this it will be convenient to take Government amendment No. 128.

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

I need not delay the Committee long on amendment No. 121. It replicates amendment No. 38, which has already been made to clause 33. When we reconsidered the clause following the Bill's introduction, it occurred to us that clause 185(11) is unnecessary, because its effect is already included in clause 203. If the director is responsible for enforcing the confiscation order, the Crown court must make an order permitting the director to appoint a receiver, regardless of whether the Court of Appeal originally made the confiscation order.

Amendment No. 128 is a technical amendment that makes the same change as amendment No. 45 did to clause 52. As the Court of Appeal does not need to direct the Crown court to proceed under clause 203, subsection (2) is not appropriate. In short, amendment No. 128 removes the reference to the Court of Appeal directing the Crown court. However, the effect of proposed new subsection (2) will continue to be that, if the confiscation order has already been satisfied, the Crown court is not obliged to make an order for the appointment of a director's receiver.

Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath

I need not detain the Committee for any length of time on the matter. As the Minister explained, the amendments replicate amendments that the Government have already introduced in respect of the equivalent clauses in the provisions for England and Wales—clauses 33 and 52—so we have already made similar amendments.

My only question concerns whether there are different, additional provisions that relate specifically to cases that go to the Court of Appeal from the Crown court in Northern Ireland. I am sure that the Minister will say that he and his officials have considered the matter and that there are absolutely no changes. However, I am aware that sometimes, perhaps partly because Crown courts in Northern Ireland usually sit without juries, there are some different provisions relating to how the Court of Appeal considers appeals from Northern Ireland courts. Will he confirm whether there is a difference?

Photo of Mr George Foulkes Mr George Foulkes Minister of State, Scottish Office, Minister of State (Scotland Office)

I can confirm that the answer is no.

Amendment agreed to.

Clause 185, as amended, ordered to stand part of the Bill.

Clauses 186 and 187 ordered to stand part of the Bill.