HL Deb 22 July 1988 vol 499 cc1615-6

121 Clause 65, page 42, line 9, at end insert 'and without regard to any restrictions, on forfeiture in an enactment contained in an Act passed before the Criminal Justice Act 1988.'.

122 Page 42, line 16, at end insert—

'(2) At the end of section 12(4) of that Act (which authorises a court, on making a probation order in respect of an offender or discharging an offender absolutely or conditionally, to order him to pay costs or compensation) there shall be added the words "or to make an order under section 43 below".'

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 121 and 122 en bloc.

Amendment No. 121 establishes that the general power in Clause 65 to order forfeiture of property is not fettered by any restrictions in existing, specific, forfeiture powers.

Amendment No. 122 will enable the courts to make a forfeiture order in conjunction with a probation order or an order for conditional or absolute discharge. Because a forfeiture order is technically a sentence, it may not under present legislation be combined with a probation order or an order for conditional or absolute discharge. Forfeiture is likely to be increasingly used by the courts as a result of the widening of the powers of' forfeiture in Clause 65. There are also likely to be numerous occasions where the court will be satisfied that the imposition of a probation or discharge order is appropriate but where forfeiture is also justified; for example, where there has been a conviction under Clause 128 for possession of an article with a blade or point in a public place.

It is eminently reasonable that the court should be free to make a forfeiture order in such cases without being prevented from making a probation or discharge order as well. Similarly a court which regards a probation or discharge order as an appropriate disposal should not be prevented from making a forfeiture order where that seems necessary.

Moved, That the House do agree with the Commons in their Amendments Nos. 121 and 122.—(Earl Ferrers.)

On Question, Motion agreed to.