House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 7
196

Crime and Courts Bill [Lords] continued

(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”.

      (4)
After that subsection insert—

“(7ZA)
Those questions are—

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

to—

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

(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.”

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)—

Public Bill Committee: 7
198

Crime and Courts Bill [Lords] continued

(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);

(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).

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

(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;

(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.

Public Bill Committee: 7
200

Crime and Courts Bill [Lords] continued

      (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);

(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

Public Bill Committee: 7
201

Crime and Courts Bill [Lords] continued

(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.

(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

Public Bill Committee: 7
202

Crime and Courts Bill [Lords] continued

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”.’.

Mr Jeremy Browne

80

Clause  42,  page  43,  line  13,  after ‘18’, insert ‘to 22, [Enforcement by taking control

of goods] and 23’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

99

Clause  42,  page  43,  line  17,  at end insert—

‘(4A)
The provisions under Schedule 16 shall cease to have effect at the end of a five-

year period beginning with the day the provisions come into force.

(4B)
Before the end of the five-year period detailed in subsection (4A), the Secretary

of State must—

(a)
provide for a review of these provisions, in consultation with the Director

of Public Prosecutions and the Director of the Serious Fraud Office;

(b)
set out the conclusions of the review; and

(c)
lay a Report on the review before both Houses of Parliament.’.

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)),’.



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