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Serious Crime Bill [HL]

moved Amendment No. 82: 82: Clause 26 , page 15, line 28, leave out ““considers to have been”” and insert ““has reasonable grounds for believing was”” The noble Lord said: This is a purely probing amendment about the level of proof the court needs to find before it makes a forfeiture order. Clause 26 gives the court the power to order forfeiture of any item in the possession of the person who is made the subject of an order and who then breaches the order, thereby committing a criminal offence. The court can order the forfeiture of anything that it ““considers”” was involved in the offence. We believe that that is rather wide. Our amendment would allow the court to make a forfeiture order where it had reasonable grounds for believing that the item or items were involved in the offence. That seems a more reasoned and appropriate test. I look forward to hearing what the noble Baroness has to say. I beg to move.