Clause 93 - Appeal in proceedings for forfeiture of cash

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 4:00 pm on 13 January 2005.

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Photo of Dominic Grieve Dominic Grieve Shadow Attorney General 4:00, 13 January 2005

Taking the latter point first, I appreciate that it allows the prosecution to appeal. I have no objection to that. I have to say that when I read the original section, I did not notice that the prosecution did not have a right of appeal. However, perhaps unintentionally the drafting does not seem to provide for that. It shows that even the 36 sittings in Committee and in the House of Lords scrutinising that Bill may not have done the job intended.

The Crown court is capable of dealing with points of law, and not appeals by way of rehearing. However, the Minister will be aware that appeals in the Crown court generally take place by way of rehearing of the facts as well as submissions of law. As long as there is the possibility for an entire rehearing, I am content. What concerned me was the possibility that the process would exclude that. On the basis of the Minister's reassurance that that is not the case, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 93 ordered to stand part of the Bill.