HL Deb 22 July 2002 vol 638 cc70-1

113 After Clause 251, insert the following new clause—

"Proceedings brought under section 251: defence of respondent

  1. (1) Where proceedings are brought against a person under section 251, that person (the respondent) is the person through whose unlawful conduct the property is said to have been obtained, the following provisions of this section shall apply.
  2. (2) If the respondent denies that he is guilty of the alleged unlawful conduct, he shall be entitled to have the question whether he is so guilty determined in a separate trial by the Crown Court, and the proceedings in the High Court shall be adjourned.
  3. (3) If he is acquitted by the Crown Court, the proceedings in the High Court shall be dismissed.
  4. (4) If he is convicted by the Crown Court, the Court must proceed under Part 2 of this Act, and the proceedings in the High Court shall stand adjourned until the proceedings in the Crown Court have been conducted whereupon the proceedings in the High Court shall be dismissed.
  5. (5) If the respondent elects not to exercise his rights under subsection (2), the question whether he is guilty of the alleged unlawful conduct shall be determined by the High Court on the criminal burden and standard of proof, and all other questions shall be determined on the civil standard of proof.
  6. (6) If the respondent is found guilty of unlawful conduct under subsection (5), and the court is satisfied that he is in possession of recoverable property, the court shall make a recovery order in accordance with this part of this Act, save that the recovery order shall not include property obtained by the respondent through unlawful conduct committed by him before the coming into force of this Part, and section 316(3) shall to that extent not apply."

The Commons disagreed to this amendment for the following reason— 113A Because it is not appropriate to provide any such exceptions, the House having reached its decision without the opportunity for debate.

Lord Goldsmith

My Lords, I beg to move that the House do not insist on their Amendment No. 113 to which the Commons have disagreed for their reason numbered 113A. I have already spoken to this amendment.

Moved, That the House do not insist on their Amendment No. 113 to which the Commons have disagreed for their reason numbered 113A.—(Lord Goldsmith.)

On Question, Motion agreed to.