Policing and Crime Bill

My Lords, as the noble Baroness said, the amendments would remove the proviso, ""or the officer believes that such an application is to be made"," from the conditions for exercising the new Act. Under the provisions of the Proceeds of Crime Act, if fresh information comes to light, it is possible to return to the making or varying of a confiscation order. That is entirely right. For instance, if a drug trafficker had successfully hidden assets at the time a confiscation order is made, if the assets are subsequently discovered, they should, in the appropriate circumstances, be available for confiscation. The provisions also cover absconded criminals, as they, too, should not escape the reach of confiscation. In cases which are returned to, and likewise with absconders, there is the potential for the assets to be dissipated. Indeed, this is historically what has happened, which is why the police have been so much behind the various measures. As assets may have already been hidden for many years, the risk is real. Accordingly, under the existing restraint order provisions in POCA, property can be frozen by court order. If an application is made for reconsideration, this could put a defendant on notice that his assets are in danger of confiscation proceedings, and so he could hide them again. This would defeat the purpose of reopening a case. Accordingly, the restraint provisions allow for assets to be restrained in advance of an application for reconsideration. This occurs only when the court believes that application is to be made. These restraint provisions have been in force and operating successfully for more than six years. The same considerations read across to the new provisions to search for and seize property. If an officer believes that an application for reconsideration is to be made, then the powers should be available to him to prevent the possible dissipation of illegally obtained assets, which is what happened in the past. In the light of this explanation, I hope that the amendment will be withdrawn.