Reconsider extension of draconian powers, says Law Society

9 December 2009

The Law Society has welcomed the decision of the House of Lords this week to vote against Government proposals to extend draconian powers under the Proceeds of Crime Act 2002 to a wide range of new agencies.

The Society is extremely concerned that the Government no longer wishes to restrict the application of these powers to serious and organised criminal activity. Under the new proposals, they will potentially be able to be used against, for example, fare evaders and parking fine defaulters.

Concerns also surround the Government's intention to allow the bodies concerned to receive a share of money of any money they recover. The Society believes that this may give these bodies a powerful incentive to use such powers as a cash-raising measure.

Robert Heslett, President of the Law Society says:

"The Law Society supports the Government's fight against organised crime and appreciates the importance in effectively removing the profit incentive of crime. It is clear that the Lords share our concern that the Government no longer wishes to restrict these powers to serious and organised criminal activity but instead and in addition will be able to be used against, for example, fare evaders, and parking fine defaulters.

"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 a proper and meaningful way.

"Powers under the Proceeds of Crime Act are extensive and the Society appreciates that there is a fine balancing act between protecting the liberties and privacy of individuals and the need to prevent and deter organised crime. That is why the Society has accepted that these powers, properly used and regulated by the courts, have a place in the UK legal system.

"However, we believe the extension of these draconian powers by the Government in this way is totally inappropriate and the potential for abuse significant. We all want to see serious and organised crime stamped out but there needs to be a balance so that these powers are restricted to the police and customs officials and not further extended to local councils or other similar agencies."

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