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| | “(1A) | An individual who is not a member of the Office may be appointed by the |
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| | (a) | specified proceedings, or |
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| | (b) | a specified class or description of proceedings, |
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| | | in which the Director or a Prosecutor would otherwise appear by virtue |
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| | of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery |
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| | (4) | After section 39(1) of that Act (designation of non-legal staff) insert— |
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| | “(1A) | The Director may designate a member of the Office to appear in— |
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| | (a) | specified proceedings, or |
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| | (b) | a specified class or description of proceedings, |
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| | | in which the Director or a Prosecutor would otherwise appear by virtue |
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| | of section 302A of the Proceeds of Crime Act 2002 (c. 29) (cash recovery |
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| | Second reading negatived on division NC1 |
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| To move the following Clause:— |
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| | ‘Nothing in this Part authorises— |
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| | (a) | the disclosure of data contained in— |
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| | (i) | the National Identity Register (as defined in the Identity Cards |
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| | |
| | (ii) | any database established pursuant to section 12 of the Children |
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| | Act 2004 (c. 31) (information databases), or |
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| | (b) | the use of such data in data matching exercises.’. |
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| To move the following Clause:— |
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| | ‘(1) | The relevant applicant authority shall inform the High Court in England and |
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| | Wales of any change in circumstance which may entitle the person who is subject |
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| | to the order to apply for a variation or discharge. |
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| | (2) | The relevant applicant authority shall inform the High Court in Northern Ireland |
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| | of any change in circumstance which may entitle the person who is subject to the |
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| | order to apply for a variation or discharge.’. |
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| To move the following Clause:— |
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| | ‘(1) | On the expiration of an order the court shall make a new order to the same or |
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| | (a) | on the presentation by the applicant authority of new evidence not used |
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| | as the basis for the original order; and |
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| | (b) | after a review has been undertaken by the Director of Public Prosecutions |
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| | of the possibility of criminal prosecution; |
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| | | the court has reasonable grounds to believe that the making of the order would |
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| | protect the public by preventing, restricting or disrupting involvement, by the |
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| | person who is the subject of the order, in serious crime in England and Wales.’. |
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| | Restrictions relating to renewal of orders |
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| To move the following Clause:— |
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| | ‘A person who has been the subject of an order under section 1 may not be the |
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| | subject of a second order in the absence of a criminal conviction.’. |
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| | Central record of serious crime prevention orders |
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| To move the following Clause:— |
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| | ‘A detailed central record shall be kept of every order made, varied or discharged |
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| | Review of serious crime prevention orders |
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| | Second reading negatived on division NC6 |
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| To move the following Clause:— |
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| |
| |
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| | ‘(1) | The Secretary of State must appoint a person (“the independent reviewer”) to |
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| | conduct an independent review of the operation of this Part. |
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| | (2) | In conducting a review under subsection (1) above the independent reviewer shall |
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| | have regard to the desirability of minimising the use of serious crime prevention |
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| | orders except where they are necessary to protect the public by preventing, |
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| | restricting or disrupting involvement in serious crime in circumstances where |
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| | prosecutions cannot otherwise be pursued. |
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| | (3) | The independent reviewer must send the Secretary of State a report on the |
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| | outcome of a review under subsection (1) before the end of a period of 12 months |
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| | beginning with the day on which this Act is passed, and before the end of each |
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| | subsequent period of 12 months beginning with the day on which the first report |
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| | was sent to the Secretary of State. |
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| | (4) | The Secretary of State must lay before Parliament a copy of each report received |
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| | under subsection (3) above.’. |
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| | Limitation of serious crime prevention orders |
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| | Second reading negatived on division NC7 |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of this Act and any orders made under it shall expire at the end of the period |
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| | of 12 months beginning with the day on which this Act is passed unless the |
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| | Secretary of State makes a renewal order under subsection (2) below. |
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| | (2) | No renewal order may be made by the Secretary of State unless it has been laid |
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| | before, and approved by a resolution of, each House of Parliament. |
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| | (3) | A renewal order made under subsection (2) above shall expire at the end of the |
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| | period of 12 months beginning with the day on which the order is made unless it |
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| | is renewed by a further renewal order. |
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| | (4) | No order may be made under this section unless a report has been laid before |
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| | Parliament under section [Review of serious crime prevention orders] above.’. |
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| |
| | Proceeds of crime (criminal lifestyle) |
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| To move the following Clause:— |
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| | ‘(1) | Section 75 of the Proceeds of Crime Act 2002 (c. 29) (criminal lifestyle) is |
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| | (2) | In subsection (2)(c), for “six months” substitute “three years”. |
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| | (3) | In subsection (3)(a)— |
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| | (a) | for “in the proceedings” substitute “prior to the proceedings”, and |
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| | (b) | after “benefited”, insert “, and each of those offences was committed |
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| |
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| | (4) | In subsection (3)(b)— |
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| | (a) | for “two separate occasions” substitute “three separate occasions”, and |
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| | (b) | after “benefited”, insert “, and at least one of those offences was |
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| | committed after 24th March 2003 and before the date of any of the |
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| | offences under section 6(2) of this Act”. |
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| | (5) | In subsection (4) for “£5,000” substitute “£20,000”. |
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| |
| | Role of Information Commissioner |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Section 51 of the Data Protection Act 1998 (c.29) (general duties of the |
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| | Commissioner) is amended as follows. |
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| | (2) | In subsection (7), at the beginning insert “Subject to subsection (7A),”. |
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| | (3) | After subsection (7), insert— |
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| | “(7A) | The Information Commissioner may, on his own intiaitive, assess any |
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| | data processing conducted under sections 63 to 67 of the Serious Crime |
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| | Penalty for offences under Data Protection Act |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Section 60 of the Data Protection Act 1998 (c. 29) (prosecutions and penalties) is |
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| | (2) | In subsection (2)(a) for “to a fine not exceeding the statutory maximum”, |
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| | substitute “to imprisonment for a term not exceeding 12 months or to a fine not |
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| | exceeding the statutory maximum or to both”. |
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| | (3) | In subsection (2)(b) for “to a fine”, substitute “to imprisonment for a term not |
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| | exceeding four years or to a fine or to both”.’. |
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| | Offence of obtaining information unlawfully disclosed under section 64 |
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| To move the following Clause:— |
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| |
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| | ‘(1) | It is an offence to obtain information unlawfully disclosed under section 64 of this |
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| | Act or to procure the unlawful disclosure to another person of the information. |
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| | (2) | A person is not guilty under subsection (1) if he acted in the reasonable belief that |
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| | he had in law the right to obtain or to procure the disclosure of the information to |
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| | |
| | (3) | It shall be for the defendant to prove that subsection (2) applies.’. |
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| Title, line 3, after ‘fraud’, insert ‘or for purposes relating to proceeds of crime’. |
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| Title, line 9, after ‘investigators’, insert ‘, management receivers and enforcement |
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| Title, line 9, after ‘investigators’, insert ‘, cash recovery proceedings’. |
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| Title, line 9, after ‘warrants’, insert ‘and in relation to criminal lifestyle’. |
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| That certain written evidence already reported to the House be appended to the |
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| proceedings of the Committee. |
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| | Bill, as amended, to be reported. |
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