S.C.B.
Amendment Paper as at
Tuesday 8th January 2002
STANDING COMMITTEE B
PROCEEDS OF CRIME BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th November].
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
449
Clause 288, page 167, line 7, leave out from 'property' to 'and' in line 8.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
450
Clause 288, page 167, line 13, leave out from 'property' to 'and' in line 14.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
451
Clause 288, page 167, line 29, at end insert—
| '(c) | are exercisable by a constable in relation to subsections (2) and (3) only if he has reasonable grounds for suspecting that an offence has been committed.'. |
Mr Bob Ainsworth
321
Clause 288, page 167, line 32, leave out paragraph (b) and insert—
| (c) | cheques of any kind, including travellers' cheques, |
| (e) | bearer bonds and bearer shares'. |
Mr Bob Ainsworth
322
Clause 288, page 167, line 35, leave out subsection (7) and insert—
'(7) Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by an order made after consultation with the Scottish Ministers'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
452
Clause 289, page 168, line 3, leave out from 'approval' to end of line 4.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
408
Clause 289, page 168, line 5, leave out from 'officer' to the end of line 6.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
409
Clause 289, page 168, line 11, leave out subsections (4) to (9).
Mr Bob Ainsworth
443
Clause 289, page 168, line 13, after 'Commissioners' insert 'of Customs and Excise'.
Mr Bob Ainsworth
323
Clause 289, page 168, line 22, after first 'the', insert 'customs'.
Mr Bob Ainsworth
324
Clause 290, page 169, line 2, leave out from 'exercised' to end of line 3 and insert 'in cases where the customs officer or constable who exercised them is required to give a report under section 289(6)'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
410
Page 168, line 36, leave out Clause 290.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
453
Clause 291, page 169, line 26, leave out subsection (6).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
454
Clause 292, page 170, line 4, leave out subsection (6).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
455
Clause 293, page 170, line 14, leave out paragraph (b).
Mr Bob Ainsworth
325
Clause 293, page 170, line 14, at end insert—
'(1A) A customs officer or constable may also seize cash part of which he has reasonable grounds for suspecting to be—
| (a) | recoverable property, or |
| (b) | intended by any person for use in unlawful conduct, |
if it is not reasonably practicable to seize only that part.'.
Mr Bob Ainsworth
444
Clause 293, page 170, line 15, after 'cash' insert 'if it or, as the case may be, the part to which his suspicion relates, is'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
456
Clause 294, page 170, line 24, leave out 'three months' and insert 'one month'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
457
Clause 294, page 170, line 27, leave out 'two years' and insert 'six months'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
411
Clause 294, page 170, line 33, leave out 'a procurator fiscal' and insert 'the Scottish Ministers'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
412
Clause 294, page 170, line 35, leave out 'either of'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
413
Clause 294, page 170, line 35, leave out 'conditions' and insert 'condition'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
414
Clause 294, page 170, line 35, at end insert—
'(4A) Before making an order under this section, the court must take into account any representations made to it by any person whom the court thinks is likely to be affected by the order.
(4B) In making representations to the court under subsection (4A), any person whom the court thinks is likely to be affected by the order shall be entitled to appear before the court.'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
415
Clause 294, page 170, line 36, leave out subsections (5) and (6).
Mr Bob Ainsworth
326
Clause 294, page 170, line 41, leave out from beginning to 'is' and insert 'with which the cash'.
Mr Bob Ainsworth
327
Clause 294, page 171, line 1, leave out subsection (6).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
416
Clause 294, page 171, line 7, leave out 'second'.
Mr Bob Ainsworth
328
Clause 294, page 171, leave out lines 8 to 11 and insert 'that there are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct and that either—
| (a) | its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or |
| (b) | proceedings against any person for an offence with which the cash is connected have been started and have not been concluded'. |
Mr Bob Ainsworth
445
Clause 294, page 171, line 11, at end insert—
'(7A) An application for an order under subsection (2) may also be made in respect of any cash seized under section 293(1A), and the court, sheriff or justice may make the order if satisfied that—
| (a) | the condition in subsection (5) or (7) is met in respect of part of the cash, and |
| (b) | it is not reasonably practicable to detain only that part'. |
Mr Bob Ainsworth
446
Clause 295, page 171, line 17, at end insert—
'( ) In the case of cash detained under section 294 which was seized under section 293(1A), the customs officer or constable must, on paying it into the account, release the part of the cash to which the suspicion does not relate'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
417
Clause 295, page 171, line 18, leave out subsection (2).
Mr Bob Ainsworth
447
Clause 295, page 171, line 18, after 'cash' insert 'or, as the case may be, the part to which the suspicion relates'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
458
Clause 296, page 171, line 25, after 'seized', insert 'or by a person claiming ownership of the cash and without objection from the person from whom the cash was seized'.
Mr Bob Ainsworth
330
Clause 296, page 171, line 25, leave out from second 'the' to end of line 27 and insert 'conditions in section 294 for the detention of the cash are no longer met in relation to the cash to be released'.
Mr Bob Ainsworth
331
Clause 296, page 171, line 33, leave out from 'forfeiture' to 'until' and insert 'under section 297, or for its release under section [Victims], is made'.
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
418
Clause 296, page 171, line 36, leave out paragraph (b).
Mr Bob Ainsworth
332
Clause 296, page 171, line 39, leave out subsection (6).
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire
459
Clause 297, page 172, line 10, after 'satisfied', insert 'to the criminal standard of proof'.
