Edmond Campbell, Senior News Coordinator
THE FARQUHARSON Institute of Public Affairs has raised concerns about the absence of a right of appeal for persons affected by a forfeiture order under the Proceeds of Crime Bill now being reviewed by a Joint Select Committee of Parliament.
Chairman of the Institute, Frank Phipps, Q.C., who made a submission on Tuesday to the committee examining the bill, also questioned whether the net is cast too wide to capture persons convicted of any offence in the Supreme Court or the Resident Magistrate's Court.
Mr. Phipps argued that after reviewing the legislation he did not find any provision which facilitated the right of appeal against a forfeiture order given to persons affected by the order.
But committee chairman, Dr. Peter Phillips, said there was no intent to circumscribe any right of appeal in the law. "The fact is that the right of appeal was clearly intended in the legislation ... it says any persons affected by the order, whether that person is subject to prosecution or a person who may be a joint holder of property or any person affected would have a right," the minister stressed.
RELEVANT CLAUSES
He explained further that the right of appeal would be made more explicit in all the relevant clauses of the bill.
Turning to the offences captured under the Proceeds of Crime Bill, Mr. Phipps said it was inconceivable that Parliament had intended to impose drastic provision, such as confiscation of property and forfeiture to the Crown after a conviction for any offence without identifying the kind of offence that would attract the sanction. "It is even more frightening to see that the provision applies to a conviction for any offence in the Resident Magistrate's Court," he contended.
