Law Society adds to Lords protest over Proceeds of Crime Act extension 17/12/2009

The House of Lords has voted by 182 to 118 against the Governments proposals to extend the Proceeds of Crime Act 2002 which could lead to a wide range of new agencies being authorised to confiscate assets from those committing minor offences such as parking fines.

The Law Society has backed the protests in a letter to The Times praising the action of the Lords on December 7.

Its president Robert Heslett stated that although, naturally, The Law Society supports the Governments fight against organised crime and appreciates the importance of removing the profit incentive of crime, there is a fine balancing act between protecting the liberties and privacy of individuals and the need to prevent and deter organised crime.

However, it is of very serious concern to the society to learn that the Government no longer wishes to restrict these powers to serious and organised criminal activity but instead they will be able to be used against, for example, fare evaders, parking fine defaulters and bookmakers operating rigged betting rings.

It is also of great concern that the Government did not consult on the extension of these sweeping powers to a large number of new organisations, in our view, in a proper and meaningful way.

The Law Society is urging the Government to withdraw the proposals which have also been criticised by the chairman of the Police Federation and been described as an Al Capone power in reference to the 1930s American gangster who was jailed for civil offences of tax evasion rather than his criminal activities.

The Proceeds of Crime Act 2002 was amended to bring it in line with The Money Laundering Regulations 2007 when they were introduced.

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