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Saturday, 14 October, 2000, 10:43 GMT 11:43 UK
Blair in crime proceeds pledge
Drugs bags
Police and customs have been targeting dealers' assets
The prime minister has vowed to forge ahead with new powers allowing the confiscation of criminals' assets despite a legal setback.

Tony Blair made the promise after the appeal court in Edinburgh ruled that proceedings brought by the Crown breached the European Convention on Human Rights.

The appeal court judges upheld a challenge by Robert McIntosh, who was jailed for four years last year at the High Court in Paisley for heroin trafficking.

Tony Blair
Tony Blair: "No intention" of abandoning legislation"
Police and customs can apply to seize the assets of convicted drug dealers and ministers have drawn up plans to expand the powers to cover all criminals.

The measures passed into Scottish law earlier this year and only came into effect in England and Wales at the beginning of this month.

The court ruled that such measures were unfair because they assumed guilt and forced criminals to prove they had earned money legitimately.

The ruling came as ministers were considering giving civil courts the power to confiscate assets from suspects, as well as convicted drug traffickers.

Tory home affairs spokesman David Lidington said it left the UK Government's confiscation policy in ruins.

However, while Mr Blair admitted the full implications of the ruling had not been examined, he insisted it would not stand in the way of the government's plans.

'We will proceed'

He said: "I do not believe it will stop us taking the measures we want against organised crime.

"I have got absolutely no intention whatsoever of abandoning the legislation that is coming forward.

"I do not believe we will have no choice. We will have a choice and we will proceed with the legislation."

The confiscation orders were introduced under the 1995 Proceeds of Crime (Scotland) Act.

Under the legislation the Crown can raise proceedings going back over a six-year period inviting a court to assume that property or cash has come from drugs.

After the controversial ruling, on Friday, the Crown was granted leave to appeal against the decision to the judicial committee on the Privy Council.

The largest amount clawed back by the Crown was �270,000 against heroin dealer Alexander Donnelly in 1997.

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See also:

10 Oct 00 | Scotland
Pledge on crime assets
09 Oct 00 | Scotland
New powers to seize drug profits
14 Jun 00 | Scotland
Call to seize criminal assets
25 Feb 00 | Scotland
Drug chief issues warning
20 Jan 00 | Scotland
More cash for drugs battle
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