Amendments proposed to the Serious Organised Crime and Police Bill - continued House of Commons

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Caroline Flint

52

Schedule     5,     page     157,     line     29,     at end insert—

    '6A (1) A person who is or has been the Director of Public Prosecutions for England and Wales.

    (2) A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.

    6B (1) A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland.

    (2) A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.

    6C  A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.

    6D (1) A person who is or has been the Director of Revenue and Customs Prosecutions.

    (2) A person who is or has been a member of staff of the Revenue and Customs Prosecutions Office.'.

   

Caroline Flint

53

Schedule     5,     page     158,     line     2,     after '(b)' insert 'is or'.

   

Caroline Flint

54

Schedule     5,     page     158,     line     6,     after 'who' insert 'is or'.

   

Caroline Flint

55

Schedule     5,     page     158,     line     8,     after 'who' insert 'is or'.

   

Caroline Flint

56

Schedule     5,     page     158,     line     19,     at end insert—

    '15A (1) A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct).

    (2) A person who is or has been a member of staff of the Civil Recovery Unit.

    15B (1) A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver.

    (2) A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.

    15C (1) A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim administrator.

    (2) A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.

    15D (1) A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (c. 29) (confiscation: Scotland).

    (2) A person who is or has been a member of staff of the Financial Crime Unit.'.


   

Caroline Flint

32

Clause     83,     page     48,     line     32,     at end add—

    '(8)   Subsection (9) applies if—

      (a) at any time before the commencement of section 74, arrangements were made by a person specified in subsection (11), or any person acting with the authority of such a person, for the purpose of protecting a person of a description specified in Schedule 5, and

      (b) functions in relation to the arrangements are, at any time before the end of the period of six months mentioned in subsection (6), exercisable by a protection provider.

    (9)   The provision made by subsections (1) to (7) applies in relation to the arrangements as if they had been made by the protection provider.

    (10)   Accordingly, if the three conditions mentioned in subsections (3) to (5) are satisfied in relation to the arrangements, they are to be treated, by virtue of subsection (2), as having been made by the protection provider under section 74(1).

    (11)   The persons specified in this subsection are—

      (a) the Director General of the National Criminal Intelligence Service;

      (b) the Director General of the National Crime Squad;

      (c) any of the Commissioners of Her Majesty's Customs and Excise.'.


   

Caroline Flint

33

Clause     86,     page     50,     line     20,     at end insert—

    '(7A)   A reference to a person who is or has been a member of staff of an organisation includes a reference to a person who is or has been seconded to the organisation to serve as a member of its staff.'.


   

Caroline Flint

57

Schedule     6,     page     163,     leave out lines 19 to 29.


   

Caroline Flint

34

Clause     99,     page     66,     line     27,     at end insert—

    '( )   In section 398 (meaning of customer information: Scotland) in subsection (5)—

      (a) after paragraph (a) insert—

      "(aa) constitutes an offence specified in section 415(1A) of this Act,";

      (b) in paragraph (b) after "paragraph (a)" insert"or (aa)".'.


   

Caroline Flint

35

Clause     100,     page     66,     line     39,     leave out 'In section 447(3) of the Proceeds of Crime Act 2002' and insert—

    '( )   Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.

    ( )   In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—

      "(a) provision about the functions of any of the listed persons in relation to external requests and orders;".

    ( )   In that section, after subsection (3) insert—

    "(4)   For the purposes of subsection (3)(a) "the listed persons" are—

      (a) the Secretary of State;

      (b) the Lord Advocate;

      (c) the Scottish Ministers;

      (d) the Director;

      (e) the Director of Public Prosecutions;

      (f) the Director of Public Prosecutions for Northern Ireland;

      (g) the Director of the Serious Fraud Office; and

      (h) the Director of Revenue and Customs Prosecutions."

    ( )   In section 447(3)'.


NEW CLAUSES RELATING TO PART 2

Interception of communications

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

NC7

To move the following Clause:—

       'Evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall be admissible in proceedings for any offence under the Terrorism Act 2000 (c. 11).'.


Interception of Communications (No. 2)

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

NC4

To move the following Clause:—

       'In proceedings for any offence under the Terrorism Act 2000 (c. 11), evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall not be rendered inadmissible by section 17 of the Act.'.


Interception of Communications (No. 3)

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

NC5

To move the following Clause:—

       'Evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall be admissible in proceedings for any offence.'.


   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

145

*Clause     101,     page     67,     leave out lines 5 to 7 and insert—

    '(1)   In section 24 of PACE (arrest without warrant for arrestable offences)—

      (a) in subsection (1), after "conferred by", insert "on any person"; and

      (b) delete subsections (6) and (7).

    (1A)   After section 24 of PACE (arrest without warrant for arrestable offences), insert—

    "24A   Arrest without warrant: constables".'.

   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

146

*Clause     101,     page     67,     line     23,     leave out subsection (4).

   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

147

*Clause     104,     page     70,     line     11,     after 'premises', insert 'reasonably believed to be'.


   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

148

*Page     77,     line     35,     leave out Clause 111.


   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

149

*Page     78,     line     32,     leave out Clause 112.


   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

150

*Clause     113,     page     79,     line     35,     leave out subsection (3).

   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

151

*Clause     113,     page     80,     line     10,     leave out subsections (5) and (6).


   

Mr Andrew Mitchell
Mr Jonathan Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Browne

152

*Schedule     8,     page     169,     line     8,     leave out subsections (2) and (3).

   

Caroline Flint

58

Schedule     8,     page     171,     line     13,     at end insert—

       'After paragraph 7 insert—

      "Search and seizure powers: alcohol and tobacco

    7A (1) Where a designation applies this paragraph to any person ("the CSO"), the CSO shall have the powers set out below.

    (2) Where—

            (a)   in exercise of the powers referred to in paragraph 5 or 6 above the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;

            (b)   that person fails to comply with that requirement; and

            (c)   the CSO reasonably believes that the person has alcohol or a container for alcohol in his possession,

    the CSO may search him for it.

    (3) Where—

            (a)   in exercise of the powers referred to in paragraph 7 above the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;

            (b)   the person from whom he sought to seize it fails to surrender it; and

            (c)   the CSO reasonably believes that the person has it in his possession,

    the CSO may search him for it.

    (4) The power to search conferred by sub-paragraph (2) or (3)—

            (a)   is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and

            (b)   does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.

    (5) A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

    (6) A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence.

    (7) If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.

    (8) Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under sub-paragraph (2) of that paragraph; and sub-paragraphs (4) to (5) of that paragraph also apply accordingly.

    (9) If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.

      Powers to seize and detain: controlled drugs

    7B (1) Where a designation applies this paragraph to any person ("the CSO"), the CSO shall, within the relevant police area, have the powers set out in sub-paragraphs (2) and (3).

    (2) If the CSO—

            (a)   finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of a designation under any paragraph of this Schedule), and

            (b)   reasonably believes that it is unlawful for the person to be in possession of it,

    the CSO may seize it and retain it.

    (3) If the CSO—

            (a)   finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)); or

            (b)   reasonably believes that a person is in possession of a controlled drug,

    and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

    (4) If in exercise of the power conferred by sub-paragraph (2) the CSO seizes and retains a controlled drug, he must—

            (a)   if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and

            (b)   comply with a constable's instructions about what to do with it.

    (5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

    (6) In this paragraph, "controlled drug" has the same meaning as in the Misuse of Drugs Act 1971.

    7C (1) Sub-paragraph (2) applies where a designation applies this paragraph to any person ("the CSO").

    (2) If the CSO imposes a requirement on a person under paragraph 7B(3)—

            (a)   sub-paragraph (3) of paragraph 2 applies in the case of such a requirement as it applies in the case of a requirement under sub-paragraph (2) of that paragraph; and

            (b)   sub-paragraphs (4) to (5) of that paragraph also apply accordingly."'.

 
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Prepared 7 Jan 2005