Crime and Policing Bill

Lord Clement-Jones Excerpts

Tuesday 20th January 2026 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, I had hoped to speak to this Bill on Second Reading, but was unable to do so; I hope noble Lords will allow me to jump in in Committee.

As has been pointed out elegantly by previous speakers, standard compensation orders are simply not suited to complex economic crimes such as sanctions offences. We now have these two amendments, which seek to ensure that victims are not excluded from receiving compensation simply because their harm is deemed too indirect or too complex for UK law to handle. We also know that it is highly likely that the UK will bring in yet more sanctions, particularly in the context of Russia and Ukraine. It is therefore timely to adjust our laws now.

In the comprehensive briefing that we all received from Redress, of which I am honoured to be a patron, it has been estimated that, at present, there are almost 3,000 targets of sanctions imposed by the UK Government, and more are likely to follow. However, as we have learned, at present the courts have almost no legal basis to channel any of the proceeds to Ukrainian victims, who the sanctions are intended to protect.

Achieving a way to compensate victims of Russian aggression from the criminal assets of oligarchs breaching UK sanctions will be perceived by the Ukrainians as a form of justice that is not to be sniffed at. These amendments would strengthen UK law by empowering courts to award compensation orders for

“public interest or social purposes”

by means of compensation forfeiture orders arising from criminal conduct under the UK’s sanction laws. I thoroughly support these amendments.

[Lord Clement-Jones (LD)]

My Lords, I will speak to Amendment 418. I also support Amendments 417 and 419, which were spoken to so well by the noble Lords, Lord Banner and Lord Alton, and the noble Baronesses, Lady Goudie and Lady D’Souza—powerful testimony. Collectively, these amendments provide a necessary pathway for turning the proceeds of international crime into a force for restorative justice.

Currently, when the Crown Court makes a confiscation order, the primary objective is to deprive a defendant of their benefit from crime. While we support this, a significant gap remains in how these recovered funds are used, particularly when the criminal conduct involves serious human rights violations, mass-atrocity crimes or grand corruption. At present, funds not directly owed to a specific claimant in the immediate proceedings often flow into the general consolidated fund.

The Minister, in his recent letter to the human rights organisation Redress—of which I know there are many supporters in the Chamber today—suggests that current mechanisms are sufficient. He argued that the UK already shares over 50% of proceeds recovered through international co-operation with other Governments. However, as Redress compellingly points out, state-level sharing is not the same as victim redress. When funds are returned to a foreign state, the level of support victims receive depends entirely on the political will and potential corruption risks within that recipient state. Victims of mass atrocities and grand corruption have a clear preference for reparations paid for by their abusers and enablers. It is a matter of human dignity, justice and their own healing journey.

Amendment 418 would give courts the discretion to direct a portion of these confiscated proceeds towards

“public interest or social purposes”.

This is not a mere accounting change but a mechanism to provide support, redress or therapeutic services to victims of international human rights violations who might otherwise have no procedural pathway to compensation. To ensure that these funds are managed with the highest level of integrity, my Amendment 418 would require the Secretary of State to establish a public purpose fund. This fund would be subject to strict regulations, operation and auditing. It would ensure that recovered sums are applied to defined social purposes before any remaining balance reverts to the state under Section 55(1) of the Proceeds of Crime Act, and it would require the court to calculate directives while respecting the duty to ensure full payment of any existing priority orders or compensation directives for direct victims.