Session 2014-15
Other Public Bills before Parliament
Bill Home Page
Serious Crime Bill [HL]
to be moved
in Committee
Clause 13
LORD TAYLOR OF HOLBEACH
Page 11, line 6, at end insert—
“( ) In section 47B of the Proceeds of Crime Act 2002 (conditions for exercise of
powers), in subsection (2)(d), for “is reasonable cause to believe” substitute
“are reasonable grounds to suspect”.”
Clause 14
LORD TAYLOR OF HOLBEACH
Page 11, line 28, at end insert—
“(5B) In the case of money held in an account not maintained by the
person against whom the confiscation order is made, a magistrates’
court—
(a) may make an order under subsection (5) only if the extent of
the person’s interest in the money has been determined
under section 10A, and
(b) must have regard to that determination in deciding what is
the appropriate order to make.””
Before Clause 15
LORD TAYLOR OF HOLBEACH
Insert the following new Clause—
(1) In section 97 of the Proceeds of Crime Act 2002 (effect of order on court’s
other powers), in subsection (3)(a), at the end insert “, a restitution order or
a victim surcharge under section 253F(2) of the Procedure Act”.
(2) After that section insert—
“97A Application of receipts: restitution order and victim surcharge
(1) Subsection (2) applies if—
(a) a court makes a confiscation order and a relevant order
against the same person in the same proceedings, and
(b) the court believes that the person will not have sufficient
means to satisfy both orders in full.
(2) In such a case the court must direct that so much of the amount
payable under the relevant order as it specifies is to be paid out of
any sums recovered under the confiscation order.
(3) Subsection (4) applies if—
(a) a court makes a confiscation order, a compensation order
under section 249 of the Procedure Act and a relevant order
against the same person in the same proceedings, and
(b) the court believes that the person will not have sufficient
means to satisfy all the orders in full.
(4) In such a case the court must direct that so much of the
compensation, and so much of the amount payable under the
relevant order, as it specifies is to be paid out of any sums recovered
under the confiscation order.
(5) The amount a court specifies under subsection (2) or (4) must be the
amount the court believes will not be recoverable because of the
insufficiency of the person’s means.
(6) Where the amount a court specifies in a direction under subsection
(4) is sufficient to satisfy in full the compensation, the direction
must provide for the compensation to be so satisfied before
payment of the amount payable under the relevant order.
(7) Where the amount a court specifies in a direction under subsection
(4) is not sufficient to satisfy in full the compensation, the direction
must provide for the compensation to be satisfied to the extent of
the amount specified in the direction.
(8) In this section, “relevant order” means—
(a) a restitution order, or
(b) a victim surcharge under section 253F(2) of the Procedure
Act.
(9) In this Part, “restitution order” is to be construed in accordance with
section 253A(2) of the Procedure Act.””
Clause 15
LORD TAYLOR OF HOLBEACH
Page 12, line 16, leave out paragraph (b)
After Clause 16
LORD TAYLOR OF HOLBEACH
Insert the following new Clause—
(1) In section 127B of the Proceeds of Crime Act 2002 (conditions for exercise
of powers), in subsection (2)(d), for “is reasonable cause to believe”
substitute “are reasonable grounds to suspect”.
(2) In section 127G of that Act (“appropriate approval”), before paragraph (b)
of subsection (3) insert—
“(ab) in relation to the exercise of a power by a National Crime
Agency officer, the Director General of the National Crime
Agency or any other National Crime Agency officer
authorised by the Director General (whether generally or
specifically) for this purpose,”.”
After Clause 32
LORD TAYLOR OF HOLBEACH
Insert the following new Clause—
(1) In section 195B of the Proceeds of Crime Act 2002 (conditions for exercise
of powers), in subsection (2)(d), for “is reasonable cause to believe”
substitute “are reasonable grounds to suspect”.
(2) In section 195G of that Act (“appropriate approval”), before paragraph (b)
of subsection (3) insert—
“(ab) in relation to the exercise of a power by a National Crime
Agency officer, the Director General of the National Crime
Agency or any other National Crime Agency officer
authorised by the Director General (whether generally or
specifically) for this purpose,”.”
Clause 33
LORD TAYLOR OF HOLBEACH
Page 26, line 42, at end insert—
“(5B) In the case of money held in an account not maintained by the
person against whom the confiscation order is made, a magistrates’
court—
(a) may make an order under subsection (5) only if the extent of
the person’s interest in the money has been determined
under section 160A, and
(b) must have regard to that determination in deciding what is
the appropriate order to make.”
Schedule 4
LORD TAYLOR OF HOLBEACH
Page 74, line 41, at end insert—
“ In section 99 of that Act (postponement), after paragraph (c) of
subsection (11) insert—
“(d) made a restitution order;
(e) ordered the accused under section 253F(2) of the
Procedure Act to pay a victim surcharge.”
(1) Section 100 of that Act (effect of postponement) is amended as follows.
(2) In subsection (3)—
(a) at the end of paragraph (b) omit “or”;
(b) after paragraph (c) insert—
“(d) make a restitution order, or
(e) order the accused under section 253F(2) of the
Procedure Act to pay a victim surcharge.”
(3) In subsection (4)—
(a) at the end of paragraph (b) omit “or”;
(b) after paragraph (c) insert—
“(d) making a restitution order, or
(e) ordering the accused under section 253F(2) of the
Procedure Act to pay a victim surcharge.”
(1) Section 104 of that Act (no order made: reconsideration of case) is
amended as follows.
(2) In subsection (7), after paragraph (d) insert—
“(e) any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
concerned;
“(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect
of the offence (or any of the offences) concerned.”
(3) After subsection (8) insert—
“(8A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of
the offence or offences concerned, section 97A(2) and (4) does not
apply.”
(1) Section 105 of that Act (no order made: reconsideration of benefit) is
amended as follows.
(2) In subsection (10), after paragraph (d) insert—
“(e) any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
concerned;
“(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect
of the offence (or any of the offences) concerned.”
(3) After subsection (11) insert—
“(11A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of
the offence or offences concerned, section 97A(2) and (4) does not
apply.”
(1) Section 106 of that Act (order made: reconsideration of benefit) is
amended as follows.
(2) In subsection (8), after paragraph (c) insert—
“(d) any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
concerned;
“(e) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect
of the offence (or any of the offences) concerned.”
(3) In subsection (9)—
(a) for “the court must not” substitute “the court—
(a) must not”;
(b) at the end insert—
“(b) must not have regard to an order falling within
subsection (8)(d) or (e) if a court has made a
direction under section 97A(2) or (4).”
In section 118 of that Act (application of provisions about fine
enforcement), in subsection (2) omit paragraph (k).
In section 131 of that Act (sums received by clerk of court)—
(a) in subsection (6), after “97(6)” insert “or 97A(4)”;
(b) after that subsection insert—
“(6A) If a direction was made under section 97A(2) or (4) for an
amount payable under a restitution order or a victim
surcharge under section 253F(2) of the Procedure Act to
be paid out of sums recovered under the confiscation
order, the clerk of court must next apply the sums in
payment of that amount.”
In section 153 of that Act (satisfaction of confiscation orders), in
subsection (1) omit paragraph (b).”
Clause 69
LORD TAYLOR OF HOLBEACH
Page 51, line 14, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”
Clause 70
LORD TAYLOR OF HOLBEACH
Page 51, line 29, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”