The reason is simply that a rehearing is not required in every case. For instance, the appeal may be on a matter of law, and we see no need for cases to be heard afresh in such situations. Also, if the Appeal Court thought it appropriate for an appeal to be by way of a rehearing, it could do so. The provision does not prevent it. It will a matter for the courts on a case-by-case basis. I accept that the Proceeds of Crime Act requires all appeals to be made by way of a rehearing, but on reflection we decided that it was unnecessary here.
The reason for the rehearing in the Proceeds of Crime Act is partly to do with the cash recovery scheme, which was closely modelled on that in the Drug Trafficking Act 1994. The chief difference in the proposed new section 299 is that it also gives the right of appeal to the prosecution. We think that that is appropriate. As with some of the other measures that we have discussed today, it is about hindsight. We are considering how things are implemented, and coming forward with a safeguarded but reasonable and practical approach to tackling such matters.