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Proceeding contribution from Lord Brett (Labour) in the House of Lords on Monday, 7 December 2009. It occurred during Debates on delegated legislation on Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009.


Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

It is with the greatest trepidation that I would cross swords with the noble Lord, whose extensive knowledge and experience of the law would expose my absolute lack of it, you might say. However, as I understand it, it is not the case that the burden of proof lies with the person on whom a freeze on their cash is sought. It is still for the prosecution to give good grounds to the court as to why that is. I will defer and seek further advice if the noble Lord is still insistent that that is the case, but that is not what my brief tells me.


Secondary information

Type
Proceeding contribution
Reference
715 c912 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
Criminal investigation Fraud Financial institutions Home Office Local government Powers Proceeds of crime Money laundering Staff Transport for London Serious Fraud Office Department of Health Gangmasters Licensing Authority Department for Regional Development (Northern Ireland Executive) Intellectual Property Office NHS Counter Fraud Service
Legislation
Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009
Link
View this Proceeding contribution on www.publications.parliament.uk