Uncollected Financial Penalties Debate

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Department: Ministry of Justice

Uncollected Financial Penalties

Lord Hogan-Howe Excerpts
Tuesday 13th May 2025

(1 day, 16 hours ago)

Lords Chamber
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Lord Ponsonby of Shulbrede Portrait Lord Ponsonby of Shulbrede (Lab)
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I thank my noble friend for that supplementary question. Of the £4.4 billion that she referred to, £2.7 billion is from confiscation orders. Of the £2.7 billion, £1.2 billion is purely interest—interest is paid at 8% on the confiscation order amount. There are legislative changes in the Crime and Policing Bill, which is currently in the other place, but I think it is worth pointing out to my noble friend that, in existing legislation, there are only very limited circumstances where a Crown Court can judicially cancel an order, and it contains no powers to administratively cancel a confiscation order. That means that the confiscation order amount accrues over the years, including the interest. With respect to financial penalties, by which I mean fines, the picture is very different. Over a five-year period, 80% of all fines are collected, and that figure has remained flat over the last few years. While I accept that the overall number is increasing, that gives an unfair picture of the current situation, and the Government are addressing the reasons why that is an unfair reflection of the position.

Lord Hogan-Howe Portrait Lord Hogan-Howe (CB)
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My Lords, it has always been a challenge to collect fines, because they are often imposed on people who cannot pay them. One of the areas in which progress can be made is criminal assets. This is usually around organised crime, which is motivated by profit. What I think the enforcement agencies have not invested in—and I invite the Minister to inquire—is having forensic accountants, who are people who can trace assets in often complex financial arrangements. At one stage, the NCA had one, as did Police Scotland. Can the Minister find out, or tell us, how many forensic accountants there are? People may not know, but the police can keep half of the cash they seize and 15% of other assets that are confiscated—not for themselves—

None Portrait Noble Lords
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Oh!

Lord Hogan-Howe Portrait Lord Hogan-Howe (CB)
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This is not for themselves but for the purpose for which they were formed.