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Other Bills before Parliament

Serious Crime Bill [HL]


Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

44

 

Extension of powers of accredited financial investigators

76      

Powers to seize property to which restraint orders apply

(1)   

In section 45(1) of the Proceeds of Crime Act 2002 (c. 29) (seizure of property to

which restraint order applies: England and Wales) after “constable” insert “, an

accredited financial investigator”.

5

(2)   

After section 45(2) of that Act insert—

“(3)   

The reference in subsection (1) to an accredited financial investigator is

a reference to an accredited financial investigator who falls within a

description specified in an order made for the purposes of that

subsection by the Secretary of State under section 453.”

10

(3)   

In section 194(1) of that Act (seizure of property to which restraint order

applies: Northern Ireland) after “constable” insert “, an accredited financial

investigator”.

(4)   

After section 194(2) of that Act insert—

“(3)   

The reference in subsection (1) to an accredited financial investigator is

15

a reference to an accredited financial investigator who falls within a

description specified in an order made for the purposes of that

subsection by the Secretary of State under section 453.”

77      

Powers to recover cash

Schedule 11 (which gives accredited financial investigators powers to recover

20

cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 and makes

related amendments) has effect.

78      

Powers in relation to certain investigations

(1)   

In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure

warrants in connection with confiscation, money laundering and detained cash

25

investigations etc.)—

(a)   

in paragraph (a), after “constable” insert “, an accredited financial

investigator”; and

(b)   

in paragraph (c) (as inserted by Schedule 10 to this Act), after

“constable” insert “, an accredited financial investigator”.

30

(2)   

After section 352(6) of that Act insert—

“(7)   

The reference in paragraph (a) or (c) of subsection (5) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

35

section 453.”

(3)   

In section 353(10) of that Act (requirements in relation to search and seizure

warrants)—

(a)   

in paragraph (a), after “constable” insert “, an accredited financial

investigator”; and

40

(b)   

in paragraph (c) (as inserted by Schedule 10 to this Act), after

“constable” insert “, an accredited financial investigator”.

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

45

 

(4)   

After section 353(10) of that Act insert—

“(11)   

The reference in paragraph (a) or (c) of subsection (10) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

5

section 453.”

(5)   

In section 356(11)(b) of that Act (as inserted by Schedule 10 to this Act) (further

provisions in relation to search and seizure warrants: detained cash

investigations) after “constable” insert “, an accredited financial investigator”.

(6)   

After section 356(11) of that Act (as inserted by Schedule 10 to this Act) insert—

10

“(12)   

The reference in paragraph (b) of subsection (11) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

section 453.”

15

(7)   

In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning

of “officers” for purposes of Part 8 in relation to detained cash investigations)

after paragraph (a) insert—

“(ab)   

an accredited financial investigator;”.

(8)   

After section 378(3A) of that Act (as inserted by Schedule 10 to this Act)

20

insert—

“(3B)   

The reference in paragraph (ab) of subsection (3A) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

25

section 453.”

79      

Supplementary provision in relation to new powers

(1)   

In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify

references to accredited financial investigators)—

(a)   

after “may” insert “, in particular,”; and

30

(b)   

after “person” insert “or by reference to particular types of training

undertaken”.

(2)   

After section 453 of that Act insert—

“453A   

Certain offences in relation to financial investigators

(1)   

A person commits an offence if he assaults an accredited financial

35

investigator who is acting in the exercise of a relevant power.

(2)   

A person commits an offence if he resists or wilfully obstructs an

accredited financial investigator who is acting in the exercise of a

relevant power.

(3)   

A person guilty of an offence under subsection (1) is liable on summary

40

conviction—

(a)   

to imprisonment for a term not exceeding 51 weeks; or

(b)   

to a fine not exceeding level 5 on the standard scale;

   

or to both.

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

46

 

(4)   

A person guilty of an offence under subsection (2) is liable on summary

conviction—

(a)   

to imprisonment for a term not exceeding 51 weeks; or

(b)   

to a fine not exceeding level 3 on the standard scale;

   

or to both.

5

(5)   

In this section “relevant power” means a power exercisable under—

(a)   

section 45 or 194 (powers to seize property to which restraint

orders apply);

(b)   

section 289 (powers to search for cash);

(c)   

section 294 (powers to seize cash);

10

(d)   

section 295(1) (power to detain seized cash); or

(e)   

a search and seizure warrant issued under section 352.

(6)   

In the application of this section to England and Wales in relation to an

offence committed before the commencement of section 281(5) of the

Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary

15

offences), and in the application of this section to Northern Ireland—

(a)   

the reference to 51 weeks in subsection (3)(a) is to be read as a

reference to 6 months; and

(b)   

the reference to 51 weeks in subsection (4)(a) is to be read as a

reference to 1 month.”

20

Miscellaneous

80      

Powers of management receivers and enforcement receivers

(1)   

After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for

persons to make representations before powers conferred on management

receivers to manage or otherwise deal with property: England and Wales)

25

insert—

“(8A)   

Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)   

is perishable; or

(b)   

ought to be disposed of before its value diminishes.”

30

(2)   

After section 51(8) of that Act (opportunity for persons to make representations

before powers conferred on enforcement receivers to manage or otherwise deal

with property: England and Wales) insert—

“(8A)   

Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

35

(a)   

is perishable; or

(b)   

ought to be disposed of before its value diminishes.”

(3)   

After section 197(8) of that Act (opportunity for persons to make

representations before powers conferred on management receivers to manage

or otherwise deal with property: Northern Ireland) insert—

40

“(8A)   

Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

(a)   

is perishable; or

(b)   

ought to be disposed of before its value diminishes.”

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

47

 

(4)   

After section 199(8) of that Act (opportunity for persons to make

representations before powers conferred on enforcement receivers to manage

or otherwise deal with property: Northern Ireland) insert—

“(8A)   

Subsection (8), so far as relating to the power mentioned in subsection

(2)(b), does not apply to property which—

5

(a)   

is perishable; or

(b)   

ought to be disposed of before its value diminishes.”

81      

Powers for prosecutors to appear in cash recovery proceedings

(1)   

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

summary proceedings: compensation) insert—

10

“302A   

Powers for prosecutors to appear in proceedings

(1)   

The Director of Public Prosecutions or the Director of Public

Prosecutions for Northern Ireland may appear for a constable in

proceedings under this Chapter if the Director—

(a)   

is asked by, or on behalf of, a constable to do so, and

15

(b)   

considers it appropriate to do so.

(2)   

The Director of Revenue and Customs Prosecutions may appear for the

Commissioners for Her Majesty’s Revenue and Customs or an officer

of Revenue and Customs in proceedings under this Chapter if the

Director—

20

(a)   

is asked by, or on behalf of, the Commissioners for Her

Majesty’s Revenue and Customs or (as the case may be) an

officer of Revenue and Customs to do so, and

(b)   

considers it appropriate to do so.

(3)   

The Directors may charge fees for the provision of services under this

25

section.”

(2)   

After section 2C(3) of that Act (prosecuting authorities) (as inserted by

Schedule 8 to this Act) insert—

“(3A)   

Subsection (3) does not apply to the functions of the Director of Public

Prosecutions, the Director of Public Prosecutions for Northern Ireland

30

and the Director of Revenue and Customs Prosecutions under section

302A.”

(3)   

After section 38(1) of the Commissioners for Revenue and Customs Act 2005

(c. 11) (conduct of prosecutions on behalf of the Office) insert—

“(1A)   

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

35

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 (cash recovery

40

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

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

48

 

(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).”

82      

Disclosure of information by Revenue and Customs

5

(1)   

This section applies to information held as mentioned in section 18(1) of the

Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).

(2)   

Information to which this section applies may be disclosed by or with the

authority of the Commissioners of Revenue and Customs—

(a)   

to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of

10

enabling or assisting the CAB to exercise any of its functions in

connection with any matter within subsection (3); or

(b)   

to any specified public authority (in the United Kingdom or

elsewhere)—

(i)   

for the purpose of enabling or assisting the public authority to

15

exercise any of its functions in connection with any matter

within subsection (3); or

(ii)   

(if the specifying order so provides) for the purpose of enabling

or assisting the public authority to exercise any of its functions

in connection with any matter within that subsection that is

20

specified, or of a description specified, in the order.

(3)   

The matters within this subsection are—

(a)   

the identification of proceeds of crime;

(b)   

the bringing of civil proceedings for enforcement purposes in relation

to proceeds of crime; and

25

(c)   

the taking of other action in relation to proceeds of crime.

(4)   

Information disclosed in accordance with subsection (2) must not be further

disclosed except—

(a)   

in connection with the exercise of any of the functions of the CAB or a

specified public authority in connection with any matter within

30

subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is

mentioned there); and

(b)   

with the consent of the Commissioners of Revenue and Customs or an

authorised officer of the Commissioners of Revenue and Customs.

(5)   

For the purposes of this section any consent or authorisation may be general or

35

specific.

(6)   

If a person in the United Kingdom discloses, in contravention of subsection (4),

any revenue and customs information relating to a person whose identity—

(a)   

is specified in the disclosure; or

(b)   

can be deduced from it;

40

   

section 19 of the 2005 Act (wrongful disclosure) applies in relation to that

disclosure as it applies in relation to a disclosure of such information in

contravention of section 20(9) of that Act.

(7)   

Any reference in this section to a disclosure to the CAB or a specified public

authority is a reference to a disclosure to such person, or to persons of such

45

description, as may be specified in relation to the CAB or the public authority

(as the case may be).

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 3 — Regulation of investigatory powers

49

 

(8)   

Nothing in this section authorises any disclosure of information which—

(a)   

contravenes the Data Protection Act 1998 (c. 29); or

(b)   

is prohibited by Part 1 of the Regulation of Investigatory Powers Act

2000 (c. 23).

(9)   

In this section—

5

“the 2005 Act” means the Commissioners for Revenue and Customs Act

2005 (c. 11);

“assets” means property of any description, wherever situated;

“civil proceedings” means civil proceedings of whatever nature and

whether brought in the United Kingdom or elsewhere;

10

“Commissioners of Revenue and Customs” means the Commissioners for

Her Majesty’s Revenue and Customs;

“enforcement purposes”, in relation to the proceeds of crime, means with

a view to—

(a)   

recovering, forfeiting or freezing assets constituting proceeds of

15

crime; or

(b)   

otherwise depriving persons (to any extent) of, or of access to,

such assets or the benefit of such assets;

“functions” includes powers, duties and objectives, and references to the

exercise of functions include the pursuit of objectives;

20

“proceeds of crime” means assets derived, or suspected to be derived,

directly or indirectly from criminal conduct (wherever occurring);

“public authority” means any body or person discharging functions of a

public nature;

“revenue and customs information relating to a person” has the meaning

25

given by section 19(2) of the 2005 Act;

“specified” means specified in an order made by the Treasury; and

“the specifying order”, in relation to a specified public authority, means

the order specifying the authority for the purposes of this section.

83      

Use of force in executing search warrants: Scotland

30

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants

in Scotland in connection with certain investigations), after subsection (4),

insert—   

“(4A)   

A proper person may, if necessary, use reasonable force in executing a

search warrant.”

35

Chapter 3

Regulation of investigatory powers

84      

Extension of powers of Revenue and Customs

Schedule 12 (which makes provision about the regulation of investigatory

powers of Her Majesty’s Revenue and Customs) has effect.

40

 
 

Serious Crime Bill [HL]
Part 4 — General and final provisions

50

 

Part 4

General and final provisions

General

85      

Orders

(1)   

Any power of the Secretary of State, the Treasury or the Scottish Ministers to

5

make an order under this Act is exercisable by statutory instrument.

(2)   

Any power of the Secretary of State or the Treasury to make an order under this

Act—

(a)   

may be exercised so as to make different provision for different cases or

descriptions of case or different purposes;

10

(b)   

includes power to make such supplementary, incidental,

consequential, transitional, transitory or saving provision as the

Secretary of State or (as the case may be) the Treasury considers

appropriate.

(3)   

No order is to be made under section 4(4), 47(6), 61(3), 67 or 86, or paragraph

15

102 of Schedule 8, unless a draft of the order has been laid before, and

approved by a resolution of, each House of Parliament.

(4)   

Subsection (3) does not apply to an order under section 86 which does not

amend or repeal any provision of an Act.

(5)   

An order under section 86 which does not amend or repeal any provision of an

20

Act is subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)   

An order under section 7, 27(6) or (12), 28(6) or (11), 29, 33, 66 or 82 is subject to

annulment in pursuance of a resolution of either House of Parliament.

86      

Supplementary, incidental and consequential provision

25

(1)   

The Secretary of State may by order make such supplementary, incidental or

consequential provision as he considers appropriate for the general purposes,

or any particular purpose, of this Act or in consequence of any provision made

by or under this Act or for giving full effect to this Act or any such provision.

(2)   

The power conferred by this section may, in particular, be exercised by

30

amending, repealing, revoking or otherwise modifying any provision made by

or under an enactment (including this Act and any Act passed in the same

Session as this Act).

(3)   

The power conferred by this section does not include the power to make

provision which would be within the legislative competence of the Scottish

35

Parliament if it were included in an Act of that Parliament.

87      

Transitional and transitory provisions and savings

(1)   

Schedule 13 (transitional and transitory provisions and savings) has effect.

(2)   

The Secretary of State may by order make such transitional, transitory or

saving provision as he considers appropriate in connection with the coming

40

 
 

 
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