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Public Bill Committee Proceedings: 10th July 2007          

51

 

Serious Crime Bill-[ [], continued

 
 

“(1A)    

An individual who is not a member of the Office may be appointed by the

 

Director to appear in—

 

(a)    

specified proceedings, or

 

(b)    

a specified class or description of proceedings,

 

    

in which the Director or a Prosecutor would otherwise appear by virtue

 

of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery

 

proceedings).”

 

(4)    

After section 39(1) of that Act (designation of non-legal staff) insert—

 

“(1A)    

The Director may designate a member of the Office to appear in—

 

(a)    

specified proceedings, or

 

(b)    

a specified class or description of proceedings,

 

    

in which the Director or a Prosecutor would otherwise appear by virtue

 

of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery

 

proceedings).”’.

 


 

Exempted data

 

Mr Jeremy Browne

 

Second reading negatived on division  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

 

Not moved  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.’.

 



 
 

Public Bill Committee Proceedings: 10th July 2007          

52

 

Serious Crime Bill-[ [], continued

 
 

Review of orders (No. 2)

 

Mr Jeremy Browne

 

Not called  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.’.

 


 

Restrictions relating to renewal of orders

 

Mr Jeremy Browne

 

Not called  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

 

James Brokenshire

 

Mr Crispin Blunt

 

Withdrawn  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

 

James Brokenshire

 

Mr Crispin Blunt

 

Second reading negatived on division  NC6

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 10th July 2007          

53

 

Serious Crime Bill-[ [], continued

 
 

‘(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.’.

 


 

Limitation of serious crime prevention orders

 

James Brokenshire

 

Mr Crispin Blunt

 

Second reading negatived on division  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

 

Withdrawn  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”.


 
 

Public Bill Committee Proceedings: 10th July 2007          

54

 

Serious Crime Bill-[ [], continued

 
 

(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”.

 


 

Role of Information Commissioner

 

James Brokenshire

 

Not called  nc12

 

To move the following Clause:—

 

‘(1)    

Section 51 of the Data Protection Act 1998 (c.29) (general duties of the

 

Commissioner) is amended as follows.

 

(2)    

In subsection (7), at the beginning insert “Subject to subsection (7A),”.

 

(3)    

After subsection (7), insert—

 

“(7A)    

The Information Commissioner may, on his own intiaitive, assess any

 

data processing conducted under sections 63 to 67 of the Serious Crime

 

Act 2007.”’.

 


 

Penalty for offences under Data Protection Act

 

James Brokenshire

 

Not selected  NC18

 

To move the following Clause:—

 

‘(1)    

Section 60 of the Data Protection Act 1998 (c. 29) (prosecutions and penalties) is

 

amended as follows.

 

(2)    

In subsection (2)(a) for “to a fine not exceeding the statutory maximum”,

 

substitute “to imprisonment for a term not exceeding 12 months or to a fine not

 

exceeding the statutory maximum or to both”.

 

(3)    

In subsection (2)(b) for “to a fine”, substitute “to imprisonment for a term not

 

exceeding four years or to a fine or to both”.’.

 


 

Offence of obtaining information unlawfully disclosed under section 64

 

James Brokenshire

 

Not moved  NC19

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 10th July 2007          

55

 

Serious Crime Bill-[ [], continued

 
 

‘(1)    

It is an offence to obtain information unlawfully disclosed under section 64 of this

 

Act or to procure the unlawful disclosure to another person of the information.

 

(2)    

A person is not guilty under subsection (1) if he acted in the reasonable belief that

 

he had in law the right to obtain or to procure the disclosure of the information to

 

the other person.

 

(3)    

It shall be for the defendant to prove that subsection (2) applies.’.

 


 

Mr Vernon Coaker

 

Agreed to  197

 

Title,  line  3,  after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’.

 

Mr Vernon Coaker

 

Agreed to  198

 

Title,  line  9,  after ‘investigators’, insert ‘, management receivers and enforcement

 

receivers,’.

 

Mr Vernon Coaker

 

Agreed to  240

 

Title,  line  9,  after ‘investigators’, insert ‘, cash recovery proceedings’.

 

Mr Douglas Hogg

 

Not called  169

 

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

 


 

Mr Vernon Coaker

 

Not moved  

 


 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

Bill, as amended, to be reported.

 


 
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