Pubdate: Sun, 02 Dec 2001
Source: Scotland On Sunday (UK)
Copyright: 2001 The Scotsman Publications Ltd.
Contact:  scotlandonsunday.com
Website: http://www.scotlandonsunday.com/
Details: http://www.mapinc.org/media/405
Author: Brian Brady

BILL TARGETS CRIME LORDS' ASSETS TO PREVENT SCOTLAND BECOMING HAVEN 
FOR TRAFFICKERS

SCOTTISH judges are to be forced to consider stripping drug barons of 
their assets.

The move - part of a government bill to tackle organised crime - is 
aimed at bringing Scotland in line with the rest of the UK.

Judges in Scotland are presently free to ignore prosecution requests 
to confiscate the proceeds of crime, unlike England and Wales.

Scottish Justice Minister Jim Wallace has warned that having softer 
rules in different parts of the country risked creating "safe havens" 
for criminals.

A new agreement between the UK government, Wallace and other senior 
figures in the Scottish Executive, will strip Scottish judges of any 
discretion and force them to automatically consider confiscation 
orders in cases involving crime barons.

George Foulkes, the minister of state for Scotland, will defend the 
measure when he goes before a Commons committee scrutinising the bill 
on Thursday. The changes, which are likely to be criticised by civil 
liberties groups, have been described as the most important Scottish 
legislation discussed at Westminster since devolution.

"This change is no criticism of the Scottish judiciary, who have 
always pursued confiscation of criminal assets, but underlines the 
governmentals determination to send a message to criminals in every 
corner of the UK that they will not benefit from their ill-gotten 
gains," Foulkes said.

"We are determined that there will be no hiding place for drug 
dealers and others guilty of serious crime."

Although criminal law is a devolved issue, the Scottish Parliament 
agreed to hand back control to Westminster specifically for the 
Proceeds of Crime Bill amid government efforts to achieve a UK- wide 
application of the new measures.

The SNP has called for any new measures to come back before the 
Edinburgh Parliament for approval before Scotlandals police and 
courts are forced to comply.

The bill would give police tougher powers of investigation and 
enforcement, and establish a new Crown Office unit with the authority 
to apply to the civil courts for the confiscation of assets, even if 
a criminal conviction has not been secured.

A Scottish Office spokesman said: "We are finally going to get to the 
point where we debate the Scottish clauses. It is probably the most 
important Scottish legislation to be debated at Westminster since 
devolution.

"In Scotland it was very much for the judge to decide whether a court 
could impose a confiscation order.

"This will be a very important weapon in the fight against organised 
crime in Scotland."
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