House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 5 February 2013
152

Crime and Courts Bill-[Lords], continued

(c)
if the request was made for the purposes of an exploitation

proceeds investigation, proceedings under Part 7 of the

Coroners and Justice Act 2009 arising out of the investigation.

(4)
Subsection (2) does not apply if the court, tribunal, government or

authority to whom the request for assistance was sent consents to the

use.”

27  (1)
Section 378 (officers) is amended as follows.

      (2)
After subsection (3A) insert—

“(3AA)
In relation to a detained cash investigation these are senior appropriate

officers—

(a)
a police officer who is not below the rank of superintendent;

(b)
an accredited financial investigator who falls within a

description specified in an order made for the purposes of this

paragraph by the Secretary of State under section 453;

(c)
an officer of Revenue and Customs who is not below such

grade as is designated by the Commissioners of Customs and

Excise as equivalent to that rank.”

      (3)
In subsection (6A)—

(a)
after “investigation” insert “—

(a)
”, and

(b)
at the end insert—

“(b)
a senior member of SOCA’s staff is a senior

appropriate officer.”

28
In Chapter 3 (Scotland), after section 408 insert—

“Evidence overseas

408A
Evidence overseas

(1)
This section applies if a person or property is subject to a civil

recovery investigation or a detained cash investigation.

(2)
A judge of the Court of Session may request assistance under this

section if—

(a)
an application is made by an appropriate person 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)
An appropriate person may request assistance under this section if the

person 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
153

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).

(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.

408B
Evidence overseas: restrictions on use

(1)
This section applies to evidence obtained by means of a request for

assistance under section 408A.

(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.

(4)
Subsection (2) does not apply if the court, tribunal, government or

authority to whom the request for assistance was sent consents to the

use.

Notices of Amendments: 5 February 2013
154

Crime and Courts Bill-[Lords], continued

(5)
The evidence may be received in evidence without being sworn to by

anyone, so far as that may be done without unfairness to any party.”

Part 3

Consequential amendments: immigration officers and National Crime

Agency

Immigration officers

29
In section 378 of the Proceeds of Crime Act 2002 (investigations: appropriate

officers etc), in subsection (3AA) (inserted by this Schedule), after paragraph

(c) insert—

“(d)
an immigration officer who is not below such grade as is

designated by the Secretary of State as equivalent to that

rank.”

National Crime Agency

30
In section 378 of the Proceeds of Crime Act 2002 (investigations: appropriate

officers etc), in subsection (6A)(b) (inserted by this Schedule), for “senior

member of SOCA’s staff” substitute “senior National Crime Agency

officer”.’.

Deportation on national security grounds: appeals

Mr Jeremy Browne

NC14

To move the following Clause:—

‘(1)
Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation

on national security grounds: appeal rights) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
This section also applies where the Secretary of State certifies, in the case

of a person in respect of whom a deportation order has been made which

states that it is made in accordance with section 32(5) of the UK Borders

Act 2007, that the person’s removal from the United Kingdom would be

in the interests of national security.”

(3)
For subsection (2)(c) substitute—

“(c)
section 2(5) of the Special Immigration Appeals Commission

Act 1997 (whether appeals brought against decisions certified

under section 97 may be brought from within the United

Kingdom) does not apply, but see instead the following

provisions of this section.”

(4)
After subsection (2) insert—

“(2A)
The person while in the United Kingdom may not bring or continue an

appeal under section 2 of the Special Immigration Appeals Commission

Act 1997—

(a)
against the decision to make the deportation order, or

(b)
against any refusal to revoke the deportation order,


unless the person has made a human rights claim while in the United

Kingdom.

Notices of Amendments: 5 February 2013
155

Crime and Courts Bill-[Lords], continued

(2B)
Subsection (2A) does not allow the person while in the United Kingdom

to bring or continue an appeal if the Secretary of State certifies that

removal of the person—

(a)
to the country or territory to which the person is proposed to be

removed, and

(b)
despite the appeals process not having been begun or not having

been exhausted,


would not breach the United Kingdom’s obligations under the Human

Rights Convention.

(2C)
The grounds upon which a certificate may be given under subsection

(2B) include (in particular)—

(a)
that the person would not, before the appeals process is

exhausted, face a real risk of serious irreversible harm if removed

to the country or territory to which the person is proposed to be

removed;

(b)
that the whole or part of any human rights claim made by the

person is clearly unfounded.

(2D)
Subsection (2A) does not allow the person while in the United Kingdom

to bring an appeal on a non-human-rights ground, or to continue an

appeal so far as brought on non-human-rights grounds, if the Secretary of

State certifies that removal of the person—

(a)
to the country or territory to which the person is proposed to be

removed, and

(b)
despite the appeals process, so far as relating to appeal on non-

human-rights grounds, not having been begun or not having been

exhausted,


would not breach the United Kingdom’s obligations under the Human

Rights Convention.

(2E)
In subsection (2D) “non-human-rights ground” means any ground other

than the ground that removal of the person from the United Kingdom in

consequence of the decision to make the deportation order would be

unlawful under section 6 of the Human Rights Act 1998 as being

incompatible with a person’s Convention rights.

(2F)
If a certificate in respect of a person is given under subsection (2B), the

person may apply to the Special Immigration Appeals Commission to set

aside the certificate.

(2G)
If a person makes an application under subsection (2F) then the

Commission, in determining whether the certificate should be set aside,

must apply the principles that would be applied in judicial review

proceedings.

(2H)
The Commission’s determination of a review under subsection (2F) is

final.

(2J)
The Commission may direct that a person who has made and not

withdrawn an application under subsection (2F) is not to be removed

from the United Kingdom at a time when the review has not been finally

determined by the Commission.

(2K)
Sections 5 and 6 of the Special Immigration Appeals Commission Act

1997 apply in relation to reviews under subsection (2F) (and to applicants

Notices of Amendments: 5 February 2013
156

Crime and Courts Bill-[Lords], continued

for such reviews) as they apply in relation to appeals under section 2 or

2B of that Act (and to persons bringing such appeals).

(2L)
Any exercise of power to make rules under section 5 of that Act in

relation to reviews under subsection (2F) is to be with a view to securing

that proceedings on such reviews are handled expeditiously.”

(5)
In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for

“(2)(c)(iii)” substitute “(2D)”.’.

Mr Jeremy Browne

114

Clause  42,  page  43,  line  26,  at end insert—

‘( )
An order which includes provision for the commencement of section

[Investigations] or Schedule [Proceeds of crime: investigations] may not be

made unless the Secretary of State has consulted the Scottish Ministers.’.

Mr Jeremy Browne

115

Clause  42,  page  43,  line  27,  after ‘Sections’, insert ‘[Civil recovery of the proceeds

etc of unlawful conduct] (except subsection (6)(a)),’.

Mr Jeremy Browne

116

Clause  42,  page  43,  line  27,  after ‘section’, insert ‘and Part 2 of Schedule

[Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct]’.

Mr Jeremy Browne

117

Clause  42,  page  44,  line  24,  at end insert—

‘( )
The power conferred by section 52(2) of the Civil Jurisdiction and Judgments Act

1982 (power to extend to Channel Islands, Isle of Man and British overseas

territories) is exercisable in relation to any amendment of that Act that is made by

or under this Act.’.



© Parliamentary copyright	Revised 6 February 2013