|
|
| |
| |
|
| | (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 |
|
| | |
| | 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 |
|
| | |
| | (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.” |
|
| | |
| | (a) | after “investigation” insert “— |
|
| | |
| | |
| | “(b) | a senior member of SOCA’s staff is a senior |
|
| | |
| | 28 | In Chapter 3 (Scotland), after section 408 insert— |
|
| | |
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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); |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | 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, |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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.” |
|
| | |
| | Consequential amendments: immigration officers and National Crime |
|
| | |
| | |
| | 29 | In section 378 of the Proceeds of Crime Act 2002 (investigations: appropriate |
|
| | officers etc), in subsection (3AA) (inserted by this Schedule), after paragraph |
|
| | |
| | “(d) | an immigration officer who is not below such grade as is |
|
| | designated by the Secretary of State as equivalent to that |
|
| | |
| | |
| | 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 |
|
| | |
| | Deportation on national security grounds: appeals |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| | (a) | to the country or territory to which the person is proposed to be |
|
| | |
| | (b) | despite the appeals process not having been begun or not having |
|
| | |
| | | would not breach the United Kingdom’s obligations under the Human |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (b) | despite the appeals process, so far as relating to appeal on non- |
|
| | human-rights grounds, not having been begun or not having been |
|
| | |
| | | would not breach the United Kingdom’s obligations under the Human |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (2H) | The Commission’s determination of a review under subsection (2F) is |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | 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)”.’. |
|
| |
| | |
| 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.’. |
|
| |
| | |
| Clause 42, page 43, line 27, after ‘Sections’, insert ‘[Civil recovery of the proceeds |
|
| etc of unlawful conduct] (except subsection (6)(a)),’. |
|
| |
| | |
| 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]’. |
|
| |
| | |
| 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 |
|
| | |
| |
|