Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

31

71B
Sections 71 and 71A: diversity and interpretation

(1)
Subsection (2) applies where a person chooses a person to be a

member of a selection panel under section 71 or 71A (whether as

a nominee, as a designated member or otherwise).

(2)
The person making the choice must, in doing so, have regard

(alongside all other relevant considerations) to the fact that it is

desirable that the members of the panel should include—

(a)
both women and men, and

(b)
members drawn from a range of different racial groups;


and in this subsection “racial group” has the same meaning as in

section 9 of the Equality Act 2010.

(3)
Section 16 does not apply to functions of the Lord Chief Justice

under section 71 or 71A; and references in sections 71 and 71A to

a person being incapacitated are to the person being

incapacitated in the opinion of the Lord Chancellor.

(4)
Seniority amongst the judges of the Supreme Court who are

England and Wales Supreme Court judges is to be determined

for the purposes of sections 71 and 71A as follows—

(a)
the President of the Supreme Court, if an England and

Wales Supreme Court judge, is senior to all other England

and Wales Supreme Court judges;

(b)
the Deputy President of the Supreme Court, if an England

and Wales Supreme Court judge, is senior to all ordinary

England and Wales Supreme Court judges;

(c)
one ordinary England and Wales Supreme Court judge is

senior to another if that first judge has served longer as a

judge of the Supreme Court (whether over one or more

periods and whether or not including one or more

previous periods as President or Deputy President of the

Court).

(5)
In subsection (4) “ordinary England and Wales Supreme Court

judge” means an England and Wales Supreme Court judge who

is neither the President of the Court nor the Deputy President.

(6)
Service as a Lord of Appeal in Ordinary counts as service as a

judge of the Supreme Court for the purposes of subsection (4)(c).

(7)
In sections 71 and 71A and this section “England and Wales

Supreme Court judge” means a judge of the Supreme Court who

has held high judicial office in England and Wales before

appointment to the Court.”

      (4)
In paragraph 11(3) of Schedule 12 (functions of the chairman of the

Judicial Appointments Commission which, in the chairman’s absence,

are not exercisable by the vice-chairman) after paragraph (b) insert—

“(ba)
section 71A;”.

      (5)
An amendment made by this paragraph does not have effect in relation

to a request under section 69 of the Constitutional Reform Act 2005

received by the Judicial Appointments Commission before the

amendment comes into force.”

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Schedule 14
130
Page 255, line 28, leave out paragraph 4
After Schedule 14
131
Insert the following new Schedule—

“Exclusions from definition of “relevant publisher”

Broadcasters

1
The British Broadcasting Corporation.

2
Sianel Pedwar Cymru.

3
The holder of a licence under the Broadcasting Act 1990 or 1996 who

publishes news-related material in connection with the broadcasting

activities authorised under the licence.

Special interest titles

4
A person who publishes a title that—

(a)
relates to a particular pastime, hobby, trade, business, industry

or profession, and

(b)
only contains news-related material on an incidental basis that is

relevant to the main content of the title.

Scientific or academic journals

5
A person who publishes a scientific or academic journal that only

contains news-related material on an incidental basis that is relevant to

the scientific or academic content.

Public bodies and charities

6    (1)
A public body or charity that publishes news-related material in

connection with the carrying out of its functions.

      (2)
“Public body” means a person or body whose functions are of a public

nature.

Company news publications etc

7
A person who publishes a newsletter, circular or other document

which—

(a)
relates to a business carried on by the person, and

(b)
only contains news-related material on an incidental basis that is

relevant to the person’s business.

Book publishers

8    (1)
A person who is the publisher of a book.

33

      (2)
“Book” does not include any title published on a periodic basis with

substantially different content.”
Schedule 15
132
Page 263, line 2, at end insert—

“(5A)
In a case where there is such a restorative justice requirement, a

person running the activity concerned must in doing that have

regard to any guidance that is issued, with a view to encouraging

good practice in connection with such an activity, by the

Secretary of State.”
133
Page 269, line 16, leave out paragraph 29
After Schedule 16
134
Insert the following new 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”.

34

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

(c)
an enforcement authority in relation to England and

Wales or Scotland 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, 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 made by the High Court in

England and Wales 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 made by the High Court in

England and Wales or an interim administration order

has effect in relation to property, and

35

(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.

282D
Evidence overseas: interim receiver or interim administrator

(1)
This section applies if—

(a)
an interim receiving order made by the High Court in

England and Wales or an 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 in England and Wales 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—

36

(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.

(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—

37

(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 made by the High Court in England and

Wales or the Court of Session 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.

(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.”
135
Insert the following new Schedule—