Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
As published
8 Variation or discharge
(1) In section 23 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
(2) After section 25 of that Act insert—
Recovery from estate of deceased defendant impractical: discharge of order
25A (1) This section applies if—
(a) a court has made a confiscation order,
(b) the defendant dies while the order is not satisfied, and
(c) the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order.
(2) The court may discharge the order if it appears to the court that—
(a) it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or
(b) it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.
(3) Section 25A of that Act (inserted by subsection (2) above) applies to—
(za) a confiscation order made under the Drug Trafficking Offences Act 1986,
(a) a confiscation order made under Part 6 of the Criminal Justice Act 1988, or
(b) a confiscation order made under the Drug Trafficking Act 1994,
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
Your change, as a redline
8 Variation or discharge
(1) In section 23 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
(2) After section 25 of that Act insert—
Recovery from estate of deceased defendant impractical: discharge of order
25A (1) This section applies if—
(a) a court has made a confiscation order,
(b) the defendant dies while the order is not satisfied, and
(c) the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order.
(2) The court may discharge the order if it appears to the court that—
(a) it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or
(b) it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.
(3) Section 25A of that Act (inserted by subsection (2) above) applies to—
(za) a confiscation order made under the Drug Trafficking Offences Act 1986,
(a) a confiscation order made under Part 6 of the Criminal Justice Act 1988, or
(b) a confiscation order made under the Drug Trafficking Act 1994,
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.