HL Deb 22 July 2002 vol 638 cc55-6

73 Clause 161, page 96, line 13, at end insert "unless it is of the opinion that there are exceptional circumstances; which justify its not doing so"

The Commons disagreed to this amendment for the following reason: 73A 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. 73 to which the Commons have disagreed for their reason numbered 73A, but do propose Amendments Nos. 73B to 73D in lieu thereof.

73B Clause 229, page 140, line 4, at end insert— (3A) But an offence does not satisfy the test in subsection (2)(d) or (e) unless the defendant obtains relevant benefit of not less than £M. (M) Relevant benefit for the purposes of subsection (2)(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 defendant has been convicted;
  3. (c) benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for an offence mentioned in paragraph (a) or (b).
(3C) Relevant benefit for the purposes of subsection (2)(e) is—
  1. (a) benefit from conduct which constitutes the offence;
    2. 56
  2. (b) benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for the offence mentioned in paragraph (a).
 (3D) The Secretary of State may by order vary the amount for the time being specified in subsection (3A).

73C Clause 451, page 260, line 25, after "section" insert "229(3D)"

73D Page 260, line 36, after section" insert "229(3D)"

Moved, That the House do not insist on their Amendment No. 73 to which the Commons have disagreed for their reason numbered 73A, but do propose Amendments Nos. 73B to 73D in lieu thereof.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.