House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 7
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Crime and Courts Bill [Lords] continued

“Schedule 7A

Section 282A

Connection with relevant part of United Kingdom

Unlawful conduct

1
There is a connection where the unlawful conduct occurred entirely or

partly in the relevant part of the United Kingdom.

Property

2
There has been a connection where the property in question has been

in the relevant part of the United Kingdom, but only if it was

recoverable property in relation to the unlawful conduct for some or

all of the time it was there.

3
There is a connection where there is other property in the relevant part

of the United Kingdom that is recoverable property in relation to the

unlawful conduct.

4
There has been a connection where, at any time, there has been other

property in the relevant part of the United Kingdom that, at the time,

was recoverable property in relation to the unlawful conduct.

Person

5    (1)
There is or has been a connection where a person described in sub-

paragraph (2)—

(a)
is linked to the relevant part of the United Kingdom,

(b)
was linked to that part of the United Kingdom at a time when

the unlawful conduct, or some of the unlawful conduct, was

taking place, or

(c)
has been linked to that part of the United Kingdom at any time

since that conduct took place.

      (2)
Those persons are—

(a)
a person whose conduct was, or was part of, the unlawful

conduct;

(b)
a person who was deprived of property by the unlawful

conduct;

(c)
a person who holds the property in question;

(d)
a person who has held the property in question, but only if it

was recoverable property in relation to the unlawful conduct

at the time;

(e)
a person who holds other property that is recoverable property

in relation to the unlawful conduct;

(f)
a person who, at any time, has held other property that was

recoverable property in relation to the unlawful conduct at the

time.

      (3)
A person is linked to the relevant part of the United Kingdom if the

person is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

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Crime and Courts Bill [Lords] continued

(b)
a person who, under the British Nationality Act 1981, is a

British subject,

(c)
a British protected person within the meaning of that Act,

(d)
a body incorporated or constituted under the law of any part

of the United Kingdom, or

(e)
a person domiciled, resident or present in the relevant part of

the United Kingdom.

Property held on trust

6    (1)
There is a connection where the property in question is property held

on trust, or an interest in property held on trust, and—

(a)
the trust arises under the law of any part of the United

Kingdom,

(b)
the trust is entirely or partly governed by the law of any part

of the United Kingdom,

(c)
one or more of the trustees is linked to the relevant part of the

United Kingdom, or

(d)
one or more of the beneficiaries of the trust is linked to the

relevant part of the United Kingdom.

      (2)
A person is linked to the relevant part of the United Kingdom if the

person falls within paragraph 5(3).

      (3)
“Beneficiaries” includes beneficiaries with a contingent interest in the

trust property and potential beneficiaries.

Interpretation

7
“The relevant part of the United Kingdom” has the meaning given in

section 282A(4).

8
“The unlawful conduct” means—

(a)
in a case in which the property in question was obtained

through unlawful conduct, that conduct,

(b)
in a case in which the property in question represents property

obtained through unlawful conduct, that conduct, or

(c)
in a case in which it is shown that the property in question was

obtained through unlawful conduct of one of a number of

kinds or represents property so obtained (see section

242(2)(b)), one or more of those kinds of conduct.”

(4)
Omit section 286 (scope of powers: Scotland).

(5)
In section 316 (general interpretation), after subsection (8A) insert—

“(8B)
An enforcement authority in relation to a part of the United Kingdom

may take proceedings there for an order under Chapter 2 of this Part in

respect of any property or person, whether or not the property or person

is (or is domiciled, resident or present) in that part of the United

Kingdom.”

(6)
In Schedule [Proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct] (proceeds of crime: civil recovery of the proceeds etc of unlawful

conduct)—

(a)
Part 1 makes provision about the enforcement of interim orders in the

United Kingdom, and

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Crime and Courts Bill [Lords] continued

(b)
Part 2 makes provision about enforcement where property or evidence is

outside the United Kingdom.

(7)
The amendments made by this section and Part 2 of Schedule [Proceeds of crime:

civil recovery of the proceeds etc of unlawful conduct] are deemed always to have

had effect.

(8)
The amendments made by this section and Schedule [Proceeds of crime: civil

recovery of the proceeds etc of unlawful conduct] do not affect the extent to

which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part

5), or of any other enactment, apply in respect of persons or property outside the

United Kingdom or outside a particular part of the United Kingdom.’.

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.’.

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.”

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Crime and Courts Bill [Lords] continued

(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.

(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.

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Crime and Courts Bill [Lords] continued

(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

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)”.’.

Review of NCA functions

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

NC1

To move the following Clause:—

‘(1)
The Secretary of State shall commission a review of the NCA functions to report

no later than one year following commencement of this Act.

(2)
The review shall report on the appropriateness of the modification of NCA

functions, in particular in relation to—

(a)
provision about NCA counter-terrorism functions;

(b)
provision about NCA public order functions; and

(c)
other national response coordination functions.’.

Regional organised crime task forces

Paul Goggins

NC2

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for the establishment of regional

organised crime task forces.

(2)
Such bodies will comprise representatives of—

(a)
the NCA;

(b)
local police forces;

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Crime and Courts Bill [Lords] continued

(c)
HM Revenue and Customs;

(d)
the UK Border Agency;

(e)
local authorities;

(f)
business; and

(g)
the Police and Crime Commissioners.

(3)
Each regional organised crime task force will make its own arrangements for—

(a)
administration; and

(b)
chairing the body.

(4)
The purpose of the Regional Organised Crime Task Force will be to—

(a)
encourage and support joint working to counter organised crime; and

(b)
increase public awareness of the causes and impact of organised crime.’.

Child maltreatment

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

Jenny Chapman

NC3

To move the following Clause:—

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under

sixteen) is hereby repealed and replaced as follows—

“1
Child maltreatment

(1)
It is an offence for a person with responsibility for a child intentionally

or recklessly to subject that child or allow that child to be subjected to

maltreatment, whether by act or omission, such that the child suffers, or

is likely to suffer, significant harm.

(2)
For the purposes of this section:

(a)
‘recklessly’ shall mean that a person with responsibility for a

child foresaw a risk that an act or omission regarding that child

would be likely to result in significant harm, but nonetheless

unreasonably decided to take that risk;

(b)
‘responsibility’ shall be as defined in section 17;

(c)
‘maltreatment’ includes—

(i)
neglect (including abandonment),

(ii)
physical abuse,

(iii)
sexual abuse,

(iv)
exploitation, and

(v)
emotional abuse (including exposing the child

to violence against others in the same

household);

(d)
‘harm’ means the impairment of—

(i)
physical or mental health, or

(ii)
physical, intellectual, emotional, social or

behavioural development.

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Crime and Courts Bill [Lords] continued

(3)
Where the question of whether harm suffered by a child is significant

turns on the child’s health or development, that child’s health or

development shall be compared with that which could reasonably be

expected of a similar child.”.’.

Review into the Courts and Tribunals Service

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC4

To move the following Clause:—

‘The Lord Chancellor shall conduct a periodic review of HM Courts and

Tribunals Service, including the Office of the Public Guardian, and the impact of

section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of

access and user and practitioner satisfaction, and specifically the impact of court

closures on court users and access to justice, and shall publish a report on the

review to both Houses of Parliament.’.

Information for court users

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC5

To move the following Clause:—

‘The Secretary of State shall publish and consult on a strategy for the delivery of

legal information, support and dispute resolution services to the public by HM

Courts and Tribunals Service.’.

Chief Executive of the Supreme Court of the United Kingdom

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC6

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 is amended as follows.



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