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