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Column 767

Freeman, Roger

Garel-Jones, Tristan

Gill, Christopher

Gorst, John

Greenway, Harry (Ealing N)

Griffiths, Peter (Portsmouth N)

Hordern, Sir Peter

Howarth, G. (Cannock & B'wd)

Hughes, Robert G. (Harrow W)

Hunter, Andrew

Hurd, Rt Hon Douglas

Irvine, Michael

Jack, Michael

Janman, Tim

Knight, Greg (Derby North)

Lawrence, Ivan

Leigh, Edward (Gainsbor'gh)

Lightbown, David

McLoughlin, Patrick

Mills, Iain

Moate, Roger

Morrison, Sir Charles

Neubert, Michael

Nicholls, Patrick

Nicholson, Emma (Devon West)

Norris, Steve

Patnick, Irvine

Patten, Rt Hon John

Renton, Rt Hon Tim

Sackville, Hon Tom

Shaw, David (Dover)

Shepherd, Colin (Hereford)

Smith, Tim (Beaconsfield)

Squire, Robin

Stern, Michael

Stevens, Lewis

Stradling Thomas, Sir John

Taylor, John M (Solihull)

Thurnham, Peter

Waddington, Rt Hon David

Walker, Bill (T'side North)

Warren, Kenneth

Wheeler, Sir John

Widdecombe, Ann

Wood, Timothy

Yeo, Tim

Tellers for the Ayes :

Mr. Roger King and

Mr. Jacques Arnold.

NOES

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Column 768

Barnes, Harry (Derbyshire NE)

Beckett, Margaret

Boateng, Paul

Brown, Gordon (D'mline E)

Davis, Terry (B'ham Hodge H'l)

Dewar, Donald

Dixon, Don

Home Robertson, John

Livingstone, Ken

McFall, John

McKay, Allen (Barnsley West)

Murphy, Paul

Pike, Peter L.

Prescott, John

Sheerman, Barry

Vaz, Keith

Tellers for the Noes :

Mr. Bob Cryer and

Mr. Dennis Skinner.

Mr. Speaker : Fewer than 100 Members having voted in the majority in support of the Question, I declare that the Question is not decided in the affirmative.

Debate to be resumed on Thursday 19 April.

BUSINESS OF THE HOUSE

Ordered,

That, at this day's sitting, the Criminal Justice (International Co- operation) Bill [Lords] may be proceeded with, though opposed, until any hour.-- [Mr. Chapman.]

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Criminal Justice (InternationalCo-operation) Bill [Lords] As amended (in the Standing Committee), considered.

New clause 1

Part IIA : seizure and detention of drug trafficking cash

(1) A customs officer or constable may seize and, in accordance with this section, detain any cash which is being imported into or exported from the United Kingdom if its amount is not less than the prescribed sum and he has reasonable grounds for suspecting that it directly or indirectly represents any person's proceeds of, or is intended by any person for use in, drug trafficking.

(2) Cash seized by virtue of this section shall not be detained for more than forty-eight hours unless its continued detention is authorised by an order made by a justice of the peace or in Scotland the sheriff ; and no such order shall be made unless the justice or, as the case may be, the sheriff is satisfied--

(a) that there are reasonable grounds for the suspicion mentioned in subsection (1) above ; and

(b) that continued detention of the cash is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in the United Kingdom or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

(3) Any order under subsection (2) above shall authorise the continued detention of the cash to which it relates for such period, not exceeding three months beginning with the date of the order, as may be specified in the order ; and a magistrates' court or in Scotland the sheriff, if satisfied as to the matters mentioned in that subsection, may thereafter from time to time by order authorise the further detention of the cash but so that--

(a) no period of detention specified in such an order shall exceed three months beginning with the date of the order ; and

(b) the total period of detention shall not exceed two years from the date of the order under subsection (2) above.

(4) Any application for an order under subsection (2) or (3) above shall be made by the Commissioners of Customs and Excise or a constable if made to a justice or magistrates' court and by a procurator fiscal if made to the sheriff.

(5) At any time while cash is detained by virtue of the foregoing provisions of this section--

(a) a magistrates' court or in Scotland the sheriff may direct its release if satisfied--

(i) on an application made by the person from whom it was seized or a person by or whose behalf it was being imported or exported, that there are no, or are no longer, any such grounds for its detention as are mentioned in subsection (2) above ; or

(ii) on an application made by any other person, that detention of the cash is not for that or any other reason justified ; and (b) a customs officer or constable, or in Scotland a procurator fiscal, may release the cash if satisfied that its detention is no longer justified but shall first notify the justice, magistrates' court or sheriff under whose order it is being detained.

(6) If at a time when any cash is being detained by virtue of the foregoing provisions of this section--

(a) an application for its forfeiture is made under section ( --Forfeiture --) below ; or

(b) proceedings are instituted (whether in the United Kingdom or elsewhere) against any person for an offence with which the cash is connected,

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the cash shall not be released until any proceedings pursuant to the application or, as the case may be, the proceedings for that offence have been concluded.'.-- [Mr. John Patten.]

Brought up, read the First and Second time, and added to the Bill.

New clause 2

Forfeiture

(1) A magistrates' court or in Scotland the sheriff may order the forfeiture of any cash which has been seized under section --(Part IIA : seizure and detention of drug trafficking cash) -- above if satisfied, on an application made while the cash is detained under that section, that the cash directly or indirectly represents any person's proceeds of, or is intended by any person for use in, drug trafficking.

(2) Any application under this section to a magistrates' court shall be made by the Commissioners of Customs and Excise or a constable and to the sheriff by a procurator fiscal.

(3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings ; and an order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash in question is connected.'.-- [Mr. John Patten.]

Brought up, read the First and Second time, and added to the Bill.

New clause 3

Interest

. Cash seized under this Part of this Act and detained for more than forty- eight hours shall, unless required as evidence of an offence, be held in an interest-bearing account and the interest accruing on any such cash shall be added to that cash on its forfeiture or release.'.-- (Mr. John Patten.]

Brought up, read the First and Second time, and added to the Bill.

New clause 4

Procedure

(1) An order under section --(Part IIA : seizure and detention of drug trafficking cash) --(2) above shall provide for notice to be given to persons affected by the order.

(2) Provision may be made by rules of court with respect to applications to any court under this Part of this Act, for the giving of notice of such applications to persons affected, for the joinder, or in Scotland sisting, of such persons as parties and generally with respect to the procedure under this Part of this Act before any court.

(3) Subsection (2) above is without prejudice to the generality of any existing power to make rules.'.-- [Mr. John Patten.]

Brought up, read the First and Second time, and added to the Bill.

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