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." - --- MAP posted-by: Josh