Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 5 February 2013                  

145

 

Crime and Courts Bill-[Lords], continued

 
 

(c)    

in the case of property other than money, to secure that the

 

property is realised and the proceeds are applied in accordance

 

with the law of the receiving country.

 

(6)    

A certificate purporting to be issued by or on behalf of the government

 

of the receiving country is admissible as evidence of the facts it states

 

if it states—

 

(a)    

that property has been realised in pursuance of a request under

 

this section,

 

(b)    

the date of realisation, and

 

(c)    

the proceeds of realisation.”’.

 

Investigations

 

Mr Jeremy Browne

 

NC13

 

To move the following Clause:—

 

‘In Schedule [Proceeds of crime: investigations] (proceeds of crime:

 

investigations)—

 

(a)    

Part 1 makes provision about orders and warrants sought under Part 8 of

 

the Proceeds of Crime Act 2002 in connection with civil recovery

 

investigations,

 

(b)    

Part 2 makes provision about obtaining evidence overseas, and

 

(c)    

Part 3 makes consequential amendments relating to immigration officers

 

and to the National Crime Agency.’.

 

Mr Jeremy Browne

 

NS3

 

To move the following Schedule:—

 

‘Proceeds of crime: investigations

 

Part 1

 

Civil recovery investigations

 

1          

Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as

 

follows.

 

Meaning of “civil recovery investigation”

 

2          

In section 341 (investigations), for subsections (2) and (3) substitute—

 

“(2)    

For the purposes of this Part a civil recovery investigation is an

 

investigation for the purpose of identifying recoverable property or

 

associated property and includes investigation into—

 

(a)    

whether property is or has been recoverable property or

 

associated property,

 

(b)    

who holds or has held property,

 

(c)    

what property a person holds or has held, or

 

(d)    

the nature, extent or whereabouts of property.

 

(3)    

But an investigation is not a civil recovery investigation to the extent

 

that it relates to—


 
 

Notices of Amendments: 5 February 2013                  

146

 

Crime and Courts Bill-[Lords], continued

 
 

(a)    

property in respect of which proceedings for a recovery order

 

have been started,

 

(b)    

property to which an interim receiving order applies,

 

(c)    

property to which an interim administration order applies, or

 

(d)    

property detained under section 295.”

 

3          

After that section insert—

 

“341A

Orders and warrants sought for civil recovery investigations

 

Where an application under this Part for an order or warrant specifies

 

property that is subject to a civil recovery investigation, references in

 

this Part to the investigation for the purposes of which the order or

 

warrant is sought include investigation into—

 

(a)    

whether a person who appears to hold or to have held the

 

specified property holds or has held other property,

 

(b)    

whether the other property is or has been recoverable property

 

or associated property, and

 

(c)    

the nature, extent or whereabouts of the other property.”

 

Production orders: England and Wales and Northern Ireland

 

4          

In section 345 (production orders), in subsection (2)(a), after “confiscation

 

investigation” insert “, a civil recovery investigation”.

 

5          

In section 346 (requirements for making of production order), in subsection

 

(2), for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person the application for the order specifies as

 

being subject to the investigation holds recoverable

 

property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property the application for the order specifies as

 

being subject to the investigation is recoverable

 

property or associated property;”.

 

Search and seizure warrants: England and Wales and Northern Ireland

 

6          

In section 352 (search and seizure warrants), in subsection (2)(a), after

 

“confiscation investigation” insert “, a civil recovery investigation”.

 

7    (1)  

Section 353 (requirements where production order not available) is amended

 

as follows.

 

      (2)  

In subsection (2), for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person specified in the application for the warrant

 

holds recoverable property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property specified in the application for the

 

warrant is recoverable property or associated

 

property;”.

 

      (3)  

In subsection (7), for paragraph (a) substitute—


 
 

Notices of Amendments: 5 February 2013                  

147

 

Crime and Courts Bill-[Lords], continued

 
 

“(a)    

relates to the person or property specified in the application or

 

to any of the questions listed in subsection (7ZA), and”.

 

      (4)  

After that subsection insert—

 

“(7ZA)    

Those questions are—

 

(a)    

where a person is specified in the application, any question as

 

to—

 

(i)    

what property the person holds or has held,

 

(ii)    

whether the property is or has been recoverable

 

property or associated property, or

 

(iii)    

the nature, extent or whereabouts of the property, and

 

(b)    

where property is specified in the application, any question as

 

to—

 

(i)    

whether the property is or has been recoverable

 

property or associated property,

 

(ii)    

who holds it or has held it,

 

(iii)    

whether a person who appears to hold or to have held

 

it holds or has held other property,

 

(iv)    

whether the other property is or has been recoverable

 

property or associated property, or

 

(v)    

the nature, extent or whereabouts of the specified

 

property or the other property.”

 

Disclosure orders: England and Wales and Northern Ireland

 

8          

In section 357 (disclosure orders), in subsection (3)(b), at the beginning insert

 

“a person specified in the application or”.

 

9          

In section 358 (requirements for making of disclosure order), in subsection (2),

 

for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person specified in the application for the order

 

holds recoverable property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property specified in the application for the order

 

is recoverable property or associated property;”.

 

Customer information orders: England and Wales and Northern Ireland

 

10         

In section 363 (customer information orders), in subsection (2)—

 

(a)    

after “confiscation investigation” insert “, a civil recovery

 

investigation”, and

 

(b)    

omit paragraph (b) (and the “or” before it).

 

11         

In section 365 (requirements for making of customer information order), for

 

subsection (3) substitute—

 

“(3A)    

In the case of a civil recovery investigation, there must be reasonable

 

grounds for suspecting that the person specified in the application—

 

(a)    

holds recoverable property or associated property, or

 

(b)    

has, at any time, held property that was recoverable property

 

or associated property at the time.”


 
 

Notices of Amendments: 5 February 2013                  

148

 

Crime and Courts Bill-[Lords], continued

 
 

Account monitoring orders: England and Wales and Northern Ireland

 

12         

In section 370 (account monitoring orders), in subsection (2)—

 

(a)    

after “confiscation investigation” insert “, a civil recovery

 

investigation”, and

 

(b)    

omit paragraph (b) (and the “or” before it).

 

13         

In section 371 (requirements for making of account monitoring order), for

 

subsection (3) substitute—

 

“(3A)    

In the case of a civil recovery investigation, there must be reasonable

 

grounds for suspecting that the person specified in the application

 

holds recoverable property or associated property.”

 

Production orders: Scotland

 

14  (1)  

Section 380 (production orders) is amended as follows.

 

      (2)  

In subsection (2), omit “property subject to”.

 

      (3)  

In subsection (3)(a), after “confiscation investigation” insert “, a civil recovery

 

investigation”.

 

15  (1)  

In section 381 (requirements for making of production order), in subsection

 

(2), for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person the application for the order specifies as

 

being subject to the investigation holds recoverable

 

property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property the application for the order specifies as

 

being subject to the investigation is recoverable

 

property or associated property;”.

 

Search warrants: Scotland

 

16  (1)  

Section 387 (search warrants) is amended as follows.

 

      (2)  

In subsection (2), omit “property subject to”.

 

      (3)  

In subsection (3)(a), after “confiscation investigation” insert “, a civil recovery

 

investigation”.

 

17  (1)  

Section 388 (requirements where production order not available) is amended

 

as follows.

 

      (2)  

In subsection (2), for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person specified in the application for the warrant

 

holds recoverable property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property specified in the application for the

 

warrant is recoverable property or associated

 

property;”.

 

      (3)  

In subsection (7), for paragraph (a) substitute—

 

“(a)    

relates to the person or property specified in the application or

 

to any of the questions listed in subsection (7ZA), and”.


 
 

Notices of Amendments: 5 February 2013                  

149

 

Crime and Courts Bill-[Lords], continued

 
 

      (4)  

After that subsection insert—

 

“(7ZA)    

Those questions are—

 

(a)    

where a person is specified in the application, any question as

 

to—

 

(i)    

what property the person holds or has held,

 

(ii)    

whether the property is or has been recoverable

 

property or associated property, or

 

(iii)    

the nature, extent or whereabouts of the property, and

 

(b)    

where property is specified in the application, any question as

 

to—

 

(i)    

whether the property is or has been recoverable

 

property or associated property,

 

(ii)    

who holds it or has held it,

 

(iii)    

whether a person who appears to hold or to have held

 

it holds or has held other property,

 

(iv)    

whether the other property is or has been recoverable

 

property or associated property, or

 

(v)    

the nature, extent or whereabouts of the specified

 

property or the other property.”

 

Disclosure orders: Scotland

 

18         

In section 391 (disclosure orders), in subsection (3)(b), at the beginning insert

 

“a person specified in the application or”.

 

19         

In section 392 (requirements for making of disclosure order), in subsection (2),

 

for paragraph (b) substitute—

 

“(b)    

in the case of a civil recovery investigation—

 

(i)    

the person specified in the application for the order

 

holds recoverable property or associated property,

 

(ii)    

that person has, at any time, held property that was

 

recoverable property or associated property at the

 

time, or

 

(iii)    

the property specified in the application for the order

 

is recoverable property or associated property;”.

 

Customer information orders: Scotland

 

20  (1)  

Section 397 (customer information orders) is amended as follows.

 

      (2)  

In subsection (2), omit “property subject to”.

 

      (3)  

In subsection (3)—

 

(a)    

after “confiscation investigation” insert “, a civil recovery

 

investigation”, and

 

(b)    

omit paragraph (b) (and the “or” before it).

 

21         

In section 399 (requirements for making of customer information order), for

 

subsection (3) substitute—

 

“(3A)    

In the case of a civil recovery investigation, there must be reasonable

 

grounds for suspecting that the person specified in the application—

 

(a)    

holds recoverable property or associated property, or

 

(b)    

has, at any time, held property that was recoverable property

 

or associated property at the time.”


 
 

Notices of Amendments: 5 February 2013                  

150

 

Crime and Courts Bill-[Lords], continued

 
 

Account monitoring orders: Scotland

 

22  (1)  

Section 404 (account monitoring orders) is amended as follows.

 

      (2)  

In subsection (2), omit “property subject to”.

 

      (3)  

In subsection (3)—

 

(a)    

after “confiscation investigation” insert “, a civil recovery

 

investigation”, and

 

(b)    

omit paragraph (b) (and the “or” before it).

 

23         

In section 405 (requirements for making of account monitoring order), for

 

subsection (3) substitute—

 

“(3A)    

In the case of a civil recovery investigation, there must be reasonable

 

grounds for suspecting that the person specified in the application

 

holds recoverable property or associated property.”

 

Part 2

 

Evidence overseas

 

24         

Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as

 

follows.

 

25         

In section 341(3A) (definition of detained cash investigation)—

 

(a)    

after “investigation is” insert “an investigation for the purposes of

 

Chapter 3 of Part 5 into—”, and

 

(b)    

in paragraphs (a) and (b), omit “an investigation for the purposes of

 

Chapter 3 of Part 5 into”.

 

26         

In Chapter 2 (England and Wales and Northern Ireland), after section 375 and

 

the heading “Evidence overseas” insert—

 

“375A

Evidence overseas

 

(1)    

This section applies if a person or property is subject to a civil

 

recovery investigation, a detained cash investigation or an exploitation

 

proceeds investigation.

 

(2)    

A judge may request assistance under this section if—

 

(a)    

an application is made by an appropriate officer or a person

 

subject to the investigation, and

 

(b)    

the judge thinks that there is relevant evidence in a country or

 

territory outside the United Kingdom.

 

(3)    

The relevant Director or a senior appropriate officer may request

 

assistance under this section if the Director or officer thinks that there

 

is relevant evidence in a country or territory outside the United

 

Kingdom.

 

(4)    

The assistance that may be requested under this section is assistance in

 

obtaining outside the United Kingdom relevant evidence specified in

 

the request.

 

(5)    

Relevant evidence is—

 

(a)    

in relation to an application or request made for the purposes

 

of a civil recovery investigation, evidence relevant for the

 

purpose of identifying recoverable property or associated

 

property, including evidence as to a matter described in

 

section 341(2)(a) to (d);


 
 

Notices of Amendments: 5 February 2013                  

151

 

Crime and Courts Bill-[Lords], continued

 
 

(b)    

in relation to an application or request made for the purposes

 

of a detained cash investigation, evidence as to a matter

 

described in section 341(3A)(a) or (b);

 

(c)    

in relation to an application or request made for the purposes

 

of an exploitation proceeds investigation, evidence as to a

 

matter described in section 341(5)(a) to (d).

 

(6)    

A request for assistance under this section may be sent—

 

(a)    

to a court or tribunal which is specified in the request and

 

which exercises jurisdiction in the place where the evidence is

 

to be obtained,

 

(b)    

to the government of the country or territory concerned, or

 

(c)    

to an authority recognised by the government of the country

 

or territory concerned as the appropriate authority for

 

receiving requests for assistance of that kind.

 

(7)    

Alternatively, a request for assistance under this section may be sent

 

to the Secretary of State with a view to it being forwarded to a court,

 

tribunal, government or authority mentioned in subsection (6).

 

(8)    

The Secretary of State must forward the request for assistance to the

 

court, tribunal, government or authority.

 

(9)    

In a case of urgency, a request for assistance under this section may be

 

sent to—

 

(a)    

the International Criminal Police Organisation, or

 

(b)    

any person competent to receive it under any provisions

 

adopted under the EU Treaties,

 

    

for forwarding to the court, tribunal, government or authority

 

mentioned in subsection (6).

 

(10)    

Rules of court may make provision as to the practice and procedure to

 

be followed in connection with proceedings relating to requests for

 

assistance made by a judge under this section.

 

(11)    

“Evidence” includes documents, information in any other form and

 

material.

 

375B  

Evidence overseas: restrictions on use

 

(1)    

This section applies to evidence obtained by means of a request for

 

assistance under section 375A.

 

(2)    

The evidence must not be used for any purpose other than—

 

(a)    

for the purposes of the investigation for which it was obtained,

 

or

 

(b)    

for the purposes of proceedings described in subsection (3) or

 

any proceedings arising out of such proceedings.

 

(3)    

Those proceedings are—

 

(a)    

if the request was made for the purposes of a civil recovery

 

investigation, proceedings under Chapter 2 of Part 5 of this

 

Act arising out of the investigation;

 

(b)    

if the request was made for the purposes of a detained cash

 

investigation, proceedings under Chapter 3 of Part 5 of this

 

Act arising out of the investigation;


 
previous section contents continue
 

© Parliamentary copyright
Revised 6 February 2013