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Serious Organised Crime and Police Bill |
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[The page and line references are to HL Bill 24, the bill as first printed for the Lords.] |
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1 | Page 3, line 29, leave out from “SOCA” to end of line 30 |
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2 | Page 4, line 30, leave out from “SOCA” to “and” in line 31 |
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3 | |
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4 | Page 9, line 41, at end insert— |
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| “( ) | Before requesting an inspection that would fall to be carried out wholly or |
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| partly in Scotland, the Secretary of State must consult the Scottish |
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5 | Page 11, line 3, leave out subsections (3) and (4) |
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6 | Page 11, line 16, leave out subsection (4) |
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7 | Page 11, line 20, leave out “(including any proposed conditions under section |
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8 | Insert the following new Clause— |
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| | “Prosecution of offences investigated by SOCA |
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| (1) | The Director of Revenue and Customs Prosecutions— |
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| (a) | may institute and conduct criminal proceedings in England and |
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| Wales that arise out of a criminal investigation by SOCA relating to |
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| a designated offence, and |
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| (b) | must take over the conduct of criminal proceedings instituted by |
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| SOCA in England and Wales in respect of a designated offence. |
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| (2) | The Director of Revenue and Customs Prosecutions must provide such |
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| advice as he thinks appropriate, to such persons as he thinks appropriate, |
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| (a) | a criminal investigation by SOCA relating to a designated offence, |
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| (b) | criminal proceedings instituted in England and Wales that arise out |
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| of such an investigation. |
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| (3) | The Director of Public Prosecutions— |
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| (a) | may institute and conduct criminal proceedings in England and |
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| Wales that arise out of a criminal investigation by SOCA relating to |
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| a non-designated offence, and |
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| (b) | must take over the conduct of criminal proceedings instituted by |
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| SOCA in England and Wales in respect of such an offence. |
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| But paragraph (b) does not apply where the Director of the Serious Fraud |
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| Office has the conduct of the proceedings. |
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| (4) | The Director of Public Prosecutions must provide such advice as he thinks |
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| appropriate, to such persons as he thinks appropriate, in relation to— |
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| (a) | a criminal investigation by SOCA relating to a non-designated |
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| (b) | criminal proceedings instituted in England and Wales that arise out |
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| of such an investigation. |
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| (5) | Sections 23 and 23A of the Prosecution of Offences Act 1985 (c. 23) (power |
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| to discontinue proceedings) apply (with any necessary modifications) to |
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| proceedings conducted by the Director of Revenue and Customs |
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| Prosecutions in accordance with this section as they apply to proceedings |
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| conducted by the Director of Public Prosecutions. |
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| (6) | In the Commissioners for Revenue and Customs Act 2005— |
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| (a) | section 37(1) (prosecutors), and |
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| (b) | section 38(1) (conduct of prosecutions by appointed persons), |
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| | have effect as if the reference to section 35 of that Act included a reference |
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| (7) | For the purposes of this section and section (Directions as to reference of cases |
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| and proceedings to appropriate prosecutor)— |
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| (a) | “criminal investigation” means any process— |
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| (i) | for considering whether an offence has been committed, |
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| (ii) | for discovering by whom an offence has been committed, or |
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| (iii) | as a result of which an offence is alleged to have been |
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| (b) | an offence is a “designated offence” if criminal proceedings |
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| instituted by SOCA in respect of the offence fall (or, as the case may |
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| be, would fall) to be referred to the Director of Revenue and |
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| Customs Prosecutions by virtue of directions under section |
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| (Directions as to reference of cases and proceedings to appropriate |
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| (c) | “non-designated offence” means an offence which is not a |
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| (d) | a reference to the institution of criminal proceedings is to be |
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| construed in accordance with section 15(2) of the Prosecution of |
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| Offences Act 1985 (c. 23); and |
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| (e) | a reference to the institution of proceedings by SOCA includes a |
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| reference to their institution by the Director General of SOCA or a |
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| person authorised by him.” |
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9 | Insert the following new Clause— |
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| | “Directions as to reference of cases and proceedings to appropriate |
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| (1) | The Directors may give directions to SOCA— |
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| (a) | for enabling SOCA to determine whether cases arising out of |
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| criminal investigations by SOCA are to be referred to the Director |
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| of Revenue and Customs Prosecutions, or to the Director of Public |
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| Prosecutions, in order for him to consider whether to institute |
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| proceedings in accordance with section (Prosecution of offences |
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| investigated by SOCA)(1)(a) or (3)(a); |
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| (b) | for enabling SOCA to determine whether criminal proceedings |
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| instituted by SOCA are to be referred to the Director of Revenue |
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| and Customs Prosecutions, or to the Director of Public |
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| Prosecutions, in order for him to take over their conduct in |
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| accordance with section (Prosecution of offences investigated by |
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| (c) | specifying, in relation to any cases or proceedings that are to be so |
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| referred to the Director of Revenue and Customs Prosecutions or |
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| the Director of Public Prosecutions, the steps to be taken by SOCA |
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| in connection with referring them to him. |
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| (2) | Directions under subsection (1) may provide for cases or proceedings to be |
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| referred to one or other of the Directors by reference to— |
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| (a) | whether the cases or proceedings relate to an offence falling within |
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| a category of offences specified in the directions; or |
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| (b) | whether any criteria so specified are satisfied with respect to the |
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| (c) | such other matters as the Directors think fit. |
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| (3) | The Directors may from time to time revise any directions given under this |
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| (4) | The Directors must publish in such manner as they think fit— |
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| (a) | any directions given under this section, and |
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| (b) | any revisions made to such directions; |
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| | and they must give a copy of any such directions or revisions to SOCA. |
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| (5) | A report to which this subsection applies must set out — |
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| (a) | any directions given under this section, and |
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| (b) | any revisions made to such directions, |
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| | in the year to which the report relates. |
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| (6) | Subsection (5) applies to— |
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| (a) | a report under section 9 of the Prosecution of Offences Act 1985 |
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| (report to Attorney General by Director of Public Prosecutions), and |
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| (b) | a report under paragraph 6 of Schedule 3 to the Commissioners for |
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| Revenue and Customs Act 2005 (report to Attorney General by |
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| Director of Revenue and Customs Prosecutions). |
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| (7) | Directions under this section may make different provision for different |
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| cases, circumstances or areas. |
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| (8) | If there is a failure to comply with directions under this section in relation |
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| to the reference of any matter to one of the Directors, neither— |
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| (b) | anything subsequently done in connection with the matter, |
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| | is invalid by reason of anything in the directions or in section (Prosecution |
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| of offences investigated by SOCA). |
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| (9) | In this section “the Directors” means the Director of Public Prosecutions |
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| and the Director of Revenue and Customs Prosecutions, acting jointly.” |
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10 | Insert the following new Clause— |
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| | “Functions of Director of Revenue and Customs Prosecutions as to |
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| persons arrested for designated offence |
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| (1) | Sections 37 to 37B of the Police and Criminal Evidence Act 1984 (c. 60) |
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| (duties of custody officers; guidance etc.) have effect, in relation to a person |
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| arrested following a criminal investigation by SOCA relating to a |
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| designated offence, as if references to the Director of Public Prosecutions |
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| were references to the Director of Revenue and Customs Prosecutions. |
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| (2) | In subsection (1) the reference to a designated offence is to be read in |
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| accordance with section (Prosecution of offences investigated by SOCA) (7)(b) |
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11 | Page 26, line 38, leave out “6” and insert “7” |
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12 | Insert the following new Clause— |
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| | “Application of discrimination legislation to SOCA seconded staff |
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| (1) | For the purposes of the provisions to which this subsection applies any |
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| constable or other person who has been seconded to SOCA to serve as a |
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| member of its staff shall be treated as being employed by SOCA as respects |
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| any act done by it in relation to that person. |
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| (2) | Subsection (1) applies to— |
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| (a) | Part 2 of the Sex Discrimination Act 1975 (c. 65); |
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| (b) | Part 2 of the Race Relations Act 1976 (c. 74); |
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| (c) | Part II of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. |
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| (d) | Part 2 of the Disability Discrimination Act 1995 (c. 50); |
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| (e) | Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. |
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| (f) | the Fair Employment and Treatment (Northern Ireland) Order 1998 |
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| (S.I. 1998/3162 (N.I. 21)), except Part VII. |
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| (3) | For the purposes of the provisions to which this subsection applies— |
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| (a) | any constable or other person who has been seconded to SOCA to |
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| serve as a member of its staff shall be treated as being employed by |
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| SOCA (and as not being employed by any other person); and |
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| (b) | anything done by such a person in the performance, or purported |
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| performance, of his functions as such a person shall be treated as |
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| done in the course of that employment. |
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| (4) | Subsection (3) applies to— |
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| (a) | section 41 of the Sex Discrimination Act 1975 (c. 65); |
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| (b) | section 32 of the Race Relations Act 1976 (c. 74); |
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| (c) | Article 42 of the Sex Discrimination (Northern Ireland) Order 1976 |
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| (S.I. 1976/1042 (N.I. 15)); |
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| (d) | section 58 of the Disability Discrimination Act 1995 (c. 50); |
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| (e) | Article 32 of the Race Relations (Northern Ireland) Order 1997 (S.I. |
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| (f) | Article 36 of the Fair Employment and Treatment (Northern |
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| Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)).” |
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13 | Page 32, line 36, at end insert “which is a qualifying offence” |
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14 | Page 32, line 39, at end insert “, which is a qualifying offence” |
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15 | Page 33, line 3, leave out “, (d) or (e)” and insert “or any offence in paragraph (d) |
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| or (e) which is a qualifying offence” |
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16 | Page 33, line 6, leave out “, (d) or (e)” and insert “or any offence in paragraph (d) |
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| or (e) which is a qualifying offence” |
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17 | Page 33, line 6, at end insert— |
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| “(1A) | For the purposes of subsection (1) an offence in paragraph (d) or (e) of that |
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| subsection is a qualifying offence if the Investigating Authority certifies |
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| (a) | in the case of an offence in paragraph (d) or an offence of cheating |
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| the public revenue, the offence involved or would have involved a |
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| loss, or potential loss, to the public revenue of an amount not less |
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| (b) | in the case of an offence under section 17 of the Theft Act 1968 |
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| (c. 60), the offence involved or would have involved a loss or gain, |
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| or potential loss or gain, of an amount not less than £5,000. |
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| (1B) | A document purporting to be a certificate under subsection (1A) is to be |
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| received in evidence and treated as such a certificate unless the contrary is |
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18 | Page 33, line 7, after “order” insert— |
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19 | Page 33, line 8, at end insert— |
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| “(b) | amend subsection (1A), in its application to England and Wales, so |
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| (i) | take account of any amendment made by virtue of |
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| (ii) | vary the sums for the time being specified in subsection |
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20 | Page 33, line 9, after “order” insert— |
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21 | Page 33, line 10, at end insert— |
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| “(b) | amend subsection (1A), in its application to Scotland, so as to— |
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| (i) | take account of any amendment made by virtue of |
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| (ii) | vary the sums for the time being specified in subsection |
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22 | Page 35, line 15, at end insert— |
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| “( ) | In subsection (6)(b), “legal privilege” has the meaning given by section 412 |
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| of the Proceeds of Crime Act 2002 (c. 29).” |
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23 | Page 41, line 41, leave out “agrees” and insert “offers” |
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24 | Page 42, line 44, leave out subsection (15) and insert— |
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| “(15) | Subsections (3) to (9) of section 70 apply for the purposes of this section as |
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| they apply for the purposes of that section and any reference in those |
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| subsections to subsection (2) of that section must be construed as a |
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| reference to subsection (6) of this section.” |
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25 | Insert the following new Clause— |
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| “Proceedings under section 71: exclusion of public |
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| (1) | This section applies to— |
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| (a) | any proceedings relating to a reference made under section 71(3), |
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| (b) | any other proceedings arising in consequence of such proceedings. |
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| (2) | The court in which the proceedings will be or are being heard may make |
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| such order as it thinks appropriate— |
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| (a) | to exclude from the proceedings any person who does not fall |
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| (b) | to give such directions as it thinks appropriate prohibiting the |
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| publication of any matter relating to the proceedings (including the |
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| fact that the reference has been made). |
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| (3) | An order under subsection (2) may be made only to the extent that the court |
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| (a) | that it is necessary to do so to protect the safety of any person, and |
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| (b) | that it is in the interests of justice. |
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| (4) | The following persons fall within this subsection— |
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| (a) | a member or officer of the court; |
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| (b) | a party to the proceedings; |
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| (c) | counsel or a solicitor for a party to the proceedings; |
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| (d) | a person otherwise directly concerned with the proceedings. |
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| (5) | This section does not affect any other power which the court has by virtue |
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| of any rule of law or other enactment— |
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| (a) | to exclude any person from proceedings, or |
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| (b) | to restrict the publication of any matter relating to proceedings.” |
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26 | Page 45, line 12, leave out paragraph (b) and insert— |
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| “(b) | subsequent periods of specified lengths, each period beginning |
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| immediately after the end of the previous one.” |
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27 | Page 80, line 2, at end insert— |
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| “(6A) | In subsection (1A), for “or the conduct of a prosecution” substitute “, the |
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| conduct of a prosecution or the identification of a deceased person or of the |
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| person from whom a body part came”.” |
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29 | Page 92, line 41, leave out “for the purposes of this section” and insert “in a public |
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| place in the designated area” |
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30 | Page 93, leave out line 17 and insert— |
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| “(1A) | The notice must be given— |
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| (a) | if reasonably practicable, not less than 6 clear days before the day |
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| on which the demonstration is to start, or |
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| (b) | if that is not reasonably practicable, then as soon as it is, and in any |
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| event not less than 24 hours before the time the demonstration is to |
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31 | Page 93, line 36, leave out from “district” to end of line 37 and insert “by the time |
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| specified in section 130(1A).” |
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32 | Page 93, line 38, at end insert “to which the notice relates” |
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33 | Page 94, line 35, leave out “divergence from the particulars” and insert “failure to |
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