HL Deb 22 July 2002 vol 638 cc53-4

43 Clause 94, page 56, line 7, at end insert "unless it is of the opinion that there are exceptional circumstances which justify its not doing so"

The Commons disagree to this amendment for the following reason: 43A Because it is not appropriate for the court to have a discretion to decide not to initiate proceedings for confiscation orders.

Lord Falconer of Thoroton

My Lords, I beg to move that this House do not insist on their Amendment No. 43 to which the Commons have disagreed for their reason numbered 43A, but do propose the following amendments in lieu thereof—

43B Clause 145, page 89, line 23, at end insert— (2A) But an offence does not satisfy the test in subsection (1)(d) or (e) unless the accused obtains relevant benefit of not less than £5000. (2B) Relevant benefit for the purposes of subsection (1)(d) is—

  1. (a) benefit from conduct which constitutes the offence:
  2. (b) benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the accused has been convicted.
(2C) Relevant benefit for the purposes of subsection (1)(e) is benefit from conduct which constitutes the offence. (2D) The Scottish Ministers may by order vary the amount for the time being specified in subsection (2A).

43C Clause 375, page 218, line 6, at end insert— (5) There must be reasonable grounds for believing that it is in the public interest for the material to be produced or for access Wit to be given, having regard to—

  1. (a) the benefit likely to accrue to the investigation if the material is obtained,
  2. (b) the circumstances, under which the person the application specifies as appearing to be in possession or control of the material holds it."

43D Clause 382, page 221, line 3, after "sought," insert— (aa) it is in the public interest for the material to be obtained, having regard to benefit likely to accrue to the investigation if the material is obtained,

43E Page 221, line 17, after "(8)," insert— (aa) there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained,

43F Clause 386, page 223, line 35, at end insert— (4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

43G Clause 393, page 227, line 47, at end insert— (6) In the case of any investigation there must be reasonable grounds for believing that it is in the public interest for the customer information to be provided having regard to the benefit likely to accrue to the investigation if the information is obtained.

43H Clause 399, page 230, line 21, at end insert— (6) In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

43J Clause 451, page 260, line 32. after "section" insert "145(2D)"

43K Page 260, line 39, after "section" insert "145(2D)"

Moved, That the House do not insist on their Amendment No. 43 to which the Commons have disagreed for their reason numbered 43A but do agree with Amendments Nos. 43B to 43K in lieu thereof.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.