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Public Bill Committee: 28th June 2007                  

99

 

Serious Crime Bill [Lords], continued

 
 

Mr Douglas Hogg

 

164

 

Clause  79,  page  43,  line  25,  at end insert—

 

‘(2A)    

No order made by the Secretary of State shall amend or repeal any provision of

 

another Act.’.

 

Mr Jeremy Browne

 

12

 

Clause  79,  page  43,  line  26,  after ‘58(3)’, insert ‘, 63,’.

 

Mr Douglas Hogg

 

165

 

Clause  79,  page  43,  line  26,  leave out ‘or paragraph 100 of Schedule 8’.

 

Mr Douglas Hogg

 

163

 

Clause  79,  page  43,  line  27,  leave out from ‘8,’ to end of line 28 and insert ‘except

 

under the super-affirmative resolution procedure as set out in section 18 of the Legislative

 

and Regulatory Reform Act 2006 (c. 51).’.

 

Mr Douglas Hogg

 

166

 

Clause  79,  page  43,  line  29,  leave out subsections (4) and (5).

 

Mr Jeremy Browne

 

11

 

Clause  79,  page  43,  line  34,  leave out ‘or 63’.

 


 

Mr Douglas Hogg

 

162

 

Clause  80,  page  44,  line  6,  leave out subsection (2).

 

Mr Douglas Hogg

 

167

 

Page  44,  line  1,  leave out Clause 80.

 


 

Mr Gerry Sutcliffe

 

170

 

Parliamentary Star - white    

Schedule  14,  page  121,  line  41,  at end insert—

 

‘   (1)  

This paragraph applies where, in any proceedings—

 

(a)    

a person (“D”) is charged in respect of the same act both with an

 

offence under section 41 and with the common law offence of inciting

 

the commission of another offence;

 

(b)    

the only thing preventing D from being found guilty of the offence

 

under section 41 is the fact that it has not been proved beyond


 
 

Public Bill Committee: 28th June 2007                  

100

 

Serious Crime Bill [Lords], continued

 
 

reasonable doubt that the time when the act took place was after the

 

coming into force of that section; and

 

(c)    

the only thing preventing D from being found guilty of the common

 

law offence is that it has not been proved beyond reasonable doubt that

 

that time was before the coming into force of section 55.

 

      (2)  

For the purpose of determining D’s guilt it shall be conclusively presumed that

 

the time when the act took place was before the coming into force of section

 

41.’.

 


 

new clauses

 

Code of practice for disclosure of information to prevent fraud

 

Mr Vernon Coaker

 

nc11

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

The Secretary of State must prepare, and keep under review, a code of practice

 

with respect to the disclosure, for the purposes of preventing fraud or a particular

 

kind of fraud, of information by public authorities as members of specified anti-

 

fraud organisations or otherwise in accordance with any arrangements made by

 

such organisations.

 

(2)    

Before preparing or altering the code, the Secretary of State must consult—

 

(a)    

any specified anti-fraud organisation;

 

(b)    

the Information Commissioner; and

 

(c)    

such other persons as the Secretary of State considers appropriate.

 

(3)    

A public authority must have regard to the code in (or in connection with)

 

disclosing information, for the purposes of preventing fraud or a particular kind

 

of fraud, as a member of a specified anti-fraud organisation or otherwise in

 

accordance with any arrangements made by such an organisation.

 

(4)    

Nothing in this section applies in relation to any disclosure by a relevant public

 

authority of information whose subject-matter is a matter about which provision

 

would be within the legislative competence of the Scottish Parliament if it were

 

included in an Act of the Scottish Parliament.

 

(5)    

The Secretary of State must—

 

(a)    

lay a copy of the code, and of any alterations to it, before Parliament; and

 

(b)    

from time to time publish the code as for the time being in force.

 

(6)    

In this section—

 

“information” and “public authority” have the same meaning as in section

 

63;

 

“relevant public authority” has the meaning given by section 63(6); and

 

“specified anti-fraud organisation” means any person which is a specified

 

anti-fraud organisation for the purposes of section 63.’.

 



 
 

Public Bill Committee: 28th June 2007                  

101

 

Serious Crime Bill [Lords], continued

 
 

Institution of proceedings for an offence under this Part

 

Mr Gerry Sutcliffe

 

NC8

 

To move the following Clause:—

 

‘(1)    

Any provision to which this section applies has effect with respect to an offence

 

under this Part as it has effect with respect to the anticipated offence.

 

(2)    

This section applies to provisions made by or under an enactment (whenever

 

passed or made) that—

 

(a)    

provide that proceedings may not be instituted or carried on otherwise

 

than by, or on behalf or with the consent of, any person (including any

 

provision which also makes exceptions to the prohibition);

 

(b)    

confer power to institute proceedings;

 

(c)    

confer power to seize and detain property;

 

(d)    

confer a power of forfeiture, including any power to deal with anything

 

liable to be forfeited.

 

(3)    

In relation to an offence under section 43—

 

(a)    

the reference in subsection (1) to the anticipated offence is to be read as

 

a reference to any offence specified in the indictment; and

 

(b)    

each of the offences specified in the indictment must be an offence in

 

respect of which the prosecutor has power to institute proceedings.

 

(4)    

Any consent to proceedings required as a result of this section is in addition to

 

any consent required by section 50.’.

 


 

No individual liability in respect of corporate manslaughter

 

Mr Gerry Sutcliffe

 

NC9

 

To move the following Clause:—

 

‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007

 

(c. 00) (no individual liability for offences under that Act) after subsection (1)

 

insert—

 

“(1A)    

An individual cannot be guilty of an offence under Part 2 of the Serious

 

Crime Act 2007 (encouraging or assisting crime) by reference to an

 

offence of corporate manslaughter.”’.

 



 
 

Public Bill Committee: 28th June 2007                  

102

 

Serious Crime Bill [Lords], continued

 
 

Exempted data

 

Mr Jeremy Browne

 

NC1

 

To move the following Clause:—

 

‘Nothing in this Part authorises—

 

(a)    

the disclosure of data contained in—

 

(i)    

the National Identity Register (as defined in the Identity Cards

 

Act 2006 (c. 15)), or

 

(ii)    

any database established pursuant to section 12 of the Children

 

Act 2004 (c. 31) (information databases), or

 

(b)    

the use of such data in data matching exercises.’.

 


 

Review of orders

 

Mr Jeremy Browne

 

nc2

 

To move the following Clause:—

 

‘(1)    

The relevant applicant authority shall inform the High Court in England and

 

Wales of any change in circumstance which may entitle the person who is subject

 

to the order to apply for a variation or discharge.

 

(2)    

The relevant applicant authority shall inform the High Court in Northern Ireland

 

of any change in circumstance which may entitle the person who is subject to the

 

order to apply for a variation or discharge.’.

 


 

Review of orders (No. 2)

 

Mr Jeremy Browne

 

nc3

 

To move the following Clause:—

 

‘(1)    

On the expiration of an order the court shall make a new order to the same or

 

similar effect if—

 

(a)    

on the presentation by the applicant authority of new evidence not used

 

as the basis for the original order; and

 

(b)    

after a review has been undertaken by the Director of Public Prosecutions

 

of the possibility of criminal prosecution;

 

    

the court has reasonable grounds to believe that the making of the order would

 

protect the public by preventing, restricting or disrupting involvement, by the

 

person who is the subject of the order, in serious crime in England and Wales.’.

 



 
 

Public Bill Committee: 28th June 2007                  

103

 

Serious Crime Bill [Lords], continued

 
 

Restrictions relating to renewal of orders

 

Mr Jeremy Browne

 

nc4

 

To move the following Clause:—

 

‘A person who has been the subject of an order under section 1 may not be the

 

subject of a second order in the absence of a criminal conviction.’.

 


 

Central record of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC5

 

To move the following Clause:—

 

‘A detailed central record shall be kept of every order made, varied or discharged

 

under Part 1.’.

 


 

Review of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must appoint a person (“the independent reviewer”) to

 

conduct an independent review of the operation of this Part.

 

(2)    

In conducting a review under subsection (1) above the independent reviewer shall

 

have regard to the desirability of minimising the use of serious crime prevention

 

orders except where they are necessary to protect the public by preventing,

 

restricting or disrupting involvement in serious crime in circumstances where

 

prosecutions cannot otherwise be pursued.

 

(3)    

The independent reviewer must send the Secretary of State a report on the

 

outcome of a review under subsection (1) before the end of a period of 12 months

 

beginning with the day on which this Act is passed, and before the end of each

 

subsequent period of 12 months beginning with the day on which the first report

 

was sent to the Secretary of State.

 

(4)    

The Secretary of State must lay before Parliament a copy of each report received

 

under subsection (3) above.’.

 



 
 

Public Bill Committee: 28th June 2007                  

104

 

Serious Crime Bill [Lords], continued

 
 

Limitation of serious crime prevention orders

 

Nick Herbert

 

Mr Crispin Blunt

 

NC7

 

To move the following Clause:—

 

‘(1)    

Part 1 of this Act and any orders made under it shall expire at the end of the period

 

of 12 months beginning with the day on which this Act is passed unless the

 

Secretary of State makes a renewal order under subsection (2) below.

 

(2)    

No renewal order may be made by the Secretary of State unless it has been laid

 

before, and approved by a resolution of, each House of Parliament.

 

(3)    

A renewal order made under subsection (2) above shall expire at the end of the

 

period of 12 months beginning with the day on which the order is made unless it

 

is renewed by a further renewal order.

 

(4)    

No order may be made under this section unless a report has been laid before

 

Parliament under section [Review of serious crime prevention orders] above.’.

 


 

Proceeds of crime (criminal lifestyle)

 

Mr Douglas Hogg

 

NC10

 

To move the following Clause:—

 

‘(1)    

Section 75 of the Proceeds of Crime Act 2002 (c. 29) (criminal lifestyle) is

 

amended as follows.

 

(2)    

In subsection (2)(c), for “six months” substitute “three years”.

 

(3)    

In subsection (3)(a)—

 

(a)    

for “in the proceedings” substitute “prior to the proceedings”, and

 

(b)    

after “benefited”, insert “, and each of those offences was committed

 

after 24th March 2003”.

 

(4)    

In subsection (3)(b)—

 

(a)    

for “two separate occasions” substitute “three separate occasions”, and

 

(b)    

after “benefited”, insert “, and at least one of those offences was

 

committed after 24th March 2003 and before the date of any of the

 

offences under section 6(2) of this Act”.

 

(5)    

In subsection (4) for “£5,000” substitute “£20,000”.

 


 

Mr Douglas Hogg

 

169

 

Title,  line  9,  after ‘warrants’, insert ‘and in relation to criminal lifestyle’.

 


 
 

Public Bill Committee: 28th June 2007                  

105

 

Serious Crime Bill [Lords], continued

 
 

Order of the House [12th June 2007]

 

That the following provisions shall apply to the Serious Crime Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 10th July 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

Order of the Committee [26th june 2007]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

26th June) meet—

 

(a)  

at 4.30 p.m. on Tuesday 26th June;

 

(b)  

at 9.00 a.m. and 2.00 p.m. on Thursday 28th June;

 

(c)  

at 10.30 a.m. and 4.30 p.m. on Tuesday 3rd July;

 

(d)  

at 9.00 a.m. and 2.00 p.m. on Thursday 5th July;

 

(e)  

at 10.30 a.m. and 4.30 p.m. on Tuesday 10th July;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 3;

 

Schedule 1; Clause 4; Schedule 13; Clauses 5 to 36; Schedule 2; Clauses 37

 

to 46; Schedule 3; Clauses 47 to 49; Schedule 4; Clauses 50 to 56; Schedule

 

5; Clauses 57 and 58; Schedule 6; Clauses 59 to 67; Schedule 7; Clause 68;

 

Schedules 8 and 9; Clauses 69 to 71; Schedule 10; Clauses 72 and 73;

 

Schedule 11; Clauses 74 to 77; Schedule 12; Clauses 78 to 81; Schedule 14;

 

Clause 82; Schedule 15; Clauses 83 to 85; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 p.m. on Tuesday 10th July.

 


 
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