House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 12 February 2013
60

Crime and Courts Bill [Lords] continued

Saving

29
The powers conferred by section 177, 178 and 222 of the Extradition Act 2003

are exercisable in relation to any amendment of that Act made by this Part of

this Schedule.’.

Mr Jeremy Browne

Added  NS2

To move the following Schedule:—

‘Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct

Part 1

Enforcement of Interim orders in the United Kingdom

1
Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of

UK judgments in other parts of UK) is amended as follows.

2
In subsection (5)(d) (provisional measures), at the end insert “or an interim

order made in connection with the civil recovery of proceeds of unlawful

conduct”.

3
After subsection (6) insert—

“(6A)
In subsection (5)(d), “an interim order made in connection with the

civil recovery of proceeds of unlawful conduct” means any of the

following made under Chapter 2 of Part 5 of the Proceeds of Crime

Act 2002—

(a)
a property freezing order or prohibitory property order;

(b)
an order under section 245E or 245F of that Act (order relating

to receivers in connection with property freezing order);

(c)
an interim receiving order or interim administration order.”

Part 2

Property or evidence outside the United Kingdom

4
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of

unlawful conduct) is amended as follows.

5
In section 280 (applying realised proceeds), in subsection (1), for “This section

applies to” substitute “Subsection (2) applies to sums which are in the hands

of the trustee for civil recovery if they are”.

6
After section 282A insert—

“Enforcement outside the United Kingdom

282B
Enforcement abroad before recovery order: enforcement authority

(1)
This section applies if—

(a)
the property freezing conditions are met in relation to

property,

(b)
the property is not property to which a recovery order applies,

and

Public Bill Committee Proceedings: 12 February 2013
61

Crime and Courts Bill [Lords] continued

(c)
an enforcement authority believes that the property is in a

country outside the United Kingdom (the receiving country).

(2)
The property freezing conditions are—

(a)
in England and Wales and Northern Ireland, the conditions in

section 245A(5) and (6), and

(b)
in Scotland, the conditions in section 255A(5) and (6),


and, for the purposes of this subsection, the references in those

provisions to property to which the application for the order relates are

to be read as references to the property mentioned in subsection (1)(a).

(3)
The enforcement authority may send a request for assistance in

relation to the property to the Secretary of State with a view to it being

forwarded under this section.

(4)
The Secretary of State may forward the request for assistance to the

government of the receiving country.

(5)
A request for assistance under this section is a request to the

government of the receiving country—

(a)
to secure that any person is prohibited from dealing with the

property;

(b)
for assistance in connection with the management of the

property, including with securing its detention, custody or

preservation.

282C
Enforcement abroad before recovery order: receiver or administrator

(1)
This section applies if—

(a)
a property freezing order has effect in relation to property, and

(b)
the receiver appointed under section 245E in respect of the

property believes that it is in a country outside the United

Kingdom (the receiving country).

(2)
This section also applies if—

(a)
an interim receiving order or interim administration order has

effect in relation to property, and

(b)
the interim receiver or interim administrator believes that the

property is in a country outside the United Kingdom (the

receiving country).

(3)
The receiver or administrator may send a request for assistance in

relation to the property to the Secretary of State with a view to it being

forwarded under this section.

(4)
The Secretary of State must forward the request for assistance to the

government of the receiving country.

(5)
A request for assistance under this section is a request to the

government of the receiving country—

(a)
to secure that any person is prohibited from dealing with the

property;

(b)
for assistance in connection with the management of the

property, including with securing its detention, custody or

preservation.

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

282D
Evidence overseas: interim receiver or interim administrator

(1)
This section applies if—

(a)
an interim receiving order or interim administration order has

effect in relation to property, and

(b)
the order requires the interim receiver or interim administrator

to take steps to establish a matter described in section

247(2)(a) or (b) or 257(2)(a) or (b).

(2)
The interim receiver or interim administrator may request assistance

under this section if the interim receiver or interim administrator

thinks that there is relevant evidence in a country outside the United

Kingdom.

(3)
A judge of the High Court may request assistance under this section

if—

(a)
an application is made by the interim receiver or by a person

subject to investigation by the interim receiver, and

(b)
the judge thinks that there is relevant evidence in a country

outside the United Kingdom.

(4)
A judge of the Court of Session may request assistance under this

section if—

(a)
an application is made by the interim administrator or by a

person subject to investigation by the interim administrator,

and

(b)
the judge thinks that there is relevant evidence in a country

outside the United Kingdom.

(5)
The assistance that may be requested under this section is assistance in

obtaining outside the United Kingdom relevant evidence specified in

the request.

(6)
Relevant evidence is—

(a)
in relation to an application or request made for the purposes

of an investigation by an interim receiver, evidence as to a

matter described in section 247(2)(a) or (b);

(b)
in relation to an application or request made for the purposes

of an investigation by an interim administrator, evidence as to

a matter described in section 257(2)(a) or (b).

(7)
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 concerned, or

(c)
to an authority recognised by the government of the country

concerned as the appropriate authority for receiving requests

for assistance of that kind.

(8)
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 (7).

(9)
The Secretary of State must forward the request for assistance to the

court, tribunal, government or authority.

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(10)
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 (7).

(11)
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.

(12)
“Evidence” includes documents, information in any other form and

material.

282E
Evidence overseas: restrictions on use

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

assistance under section 282D.

(2)
The evidence must not be used for any purpose other than—

(a)
for the purposes of carrying out the functions of the interim

receiver or interim administrator, or

(b)
for the purposes of proceedings under this Chapter of this Part

in respect of property described in subsection (3) or any

proceedings arising out of such proceedings.

(3)
That property is—

(a)
the property that is the subject of the interim receiving order

or interim administration order, or

(b)
other property that is recoverable property in respect of the

same unlawful conduct.

(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)
In Scotland, 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.

282F
Enforcement abroad: after recovery order

(1)
This section applies if—

(a)
a recovery order has effect in relation to property, and

(b)
the enforcement authority or the trustee for civil recovery

believes that the property is in a country outside the United

Kingdom (the receiving country).

(2)
The enforcement authority or trustee for civil recovery may send a

request for assistance in relation to the property to the Secretary of

State with a view to it being forwarded under this section.

(3)
The Secretary of State may forward a request for assistance from the

enforcement authority to the government of the receiving country.

(4)
The Secretary of State must forward a request for assistance from the

trustee for civil recovery to the government of the receiving country.

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(5)
A request for assistance is a request to the government of the receiving

country for assistance in connection with the management and

disposal of the property and includes a request—

(a)
to secure the detention, custody or preservation of the

property;

(b)
in the case of money, to secure that it is applied in accordance

with the law of the receiving country;

(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.”’.

Mr Jeremy Browne

Added  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—

(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

Public Bill Committee Proceedings: 12 February 2013
65

Crime and Courts Bill [Lords] continued

(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—

“(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—

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(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.”

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



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