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Proceeds of Crime

Volume 586: debated on Tuesday 14 October 2014

5. What steps he plans to take to assist prosecutors in depriving criminals of the profits of their crimes. (905419)

The Government are committed to improving our ability to recover criminal assets by amending the Proceeds of Crime Act 2002 through the Serious Crime Bill, currently in the other place, including by increasing sentences for failure to pay confiscation and the enhancement of investigatory powers after a confiscation order is made. The Home Office is leading a wider programme to improve asset recovery, with which prosecutors are fully involved.

I am grateful to the Solicitor-General for his response. It is good to hear him acknowledge that more needs to be done, but may I make an extra suggestion? The National Audit Office has found that the number of asset-freezing orders has fallen by a third and my understanding is that that might be because the CPS is timid and concerned about being stung for the costs when lawyers appeal the asset-freezing order. Perhaps he will consider capping the costs that could be recouped by lawyers in such circumstances, as that might make the CPS bolder.

I am always receptive to ideas about the ways in which costs can be capped, but it is right that I remind the hon. Lady that the CPS still performs the lion’s share of confiscation orders, and that in 2013-14 £97.69 million was recovered. The new CPS proceeds of crime unit, which was set up in the summer, will bring together in a more effective way the regional asset recovery teams in order to achieve the results that both she and I want to see.

My hon. and learned Friend will be aware that last month’s incredibly successful Invictus games were supported by £1 million from the LIBOR fund. What other projects have benefited from money confiscated as a result of fraud and criminal activities?

My hon. Friend is right to emphasise the huge publicity that the Invictus games brought to the victim surcharge. It is now being used to help a range of victims—victims of rape and domestic violence and families bereaved by murder and by road traffic crimes involving a fatality.

Further to the question from my hon. Friend the Member for Darlington (Jenny Chapman), I know that the hon. and learned Gentleman cared strongly about legal aid and the restrictions on advice given to our constituents. Would it not make sense to restrict to such levels the legal costs that can be claimed by those appealing against confiscation of funds obtained through criminal activities?

I repeat that I am always receptive to new ideas. Quite clearly, more needs to be done to rein in some of the excesses of the cases that both the hon. Gentleman and I know about, but it is important that we focus efforts on getting the orders right in the first place and making sure that they are realistic and can be enforced. Enforcement is probably the most important priority.