Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 6 — Proceeds of crime: confiscation
142

38
In section 94(4) (duty to display club premises certificate) after paragraph (a)
and before the “and” following it insert—
“(aa)
a list of any conditions that are included in the certificate by
virtue of section 73A, 73B or 74A but are not set out in the
summary of the certificate,”.
5
39
In section 167(7) (review of premises licence following closure order)—
(a)
for “19, 20 and 21” substitute “19 to 21”, and
(b)
after “licences)” insert “and any regulations made under section 21A
(which enables general conditions to be applied in particular
localities)”.
10
40    (1)
Section 197 (regulations and orders) is amended as follows.
      (2)
After subsection (3)(a) (exceptions to negative procedure) insert—
“(aa)
regulations under section 21A or 74A or an order under
section 19A, 21A(6), 73B or 74A(6) (regulations and orders in
relation to general licensing conditions),”.
15
      (3)
In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)”
substitute “subsection (3)(aa), (b),”.
      (4)
After subsection (5) insert—
“(6)
A statutory instrument containing regulations within subsection
(3)(aa) is not to be made unless a draft of the instrument containing
20
the regulations has been laid before and approved by a resolution of
each House of Parliament.”
Part 6
Proceeds of crime: confiscation
Proceeds of Crime Act 2002 (c. 29)
25
41
The Proceeds of Crime Act 2002 is amended as follows.
42
In section 417(2) (property excluded from bankrupt’s estate for the purposes
of Part 9 of the Insolvency Act 1986) after paragraph (b)—
“(ba)
any property in respect of which an order under section 67A
is in force;”.
30
43    (1)
Section 459 (orders and regulations) is amended as follows.
      (2)
In subsection (4)(a) (orders not subject to negative procedure: Secretary of
State etc.)—
(a)
after “section” insert “41A(5), 47P(4),”, and
(b)
after “75(7) or (8),” insert “190A(5), 195P(4),”.
35
      (3)
In subsection (6)(a) (orders subject to affirmative procedure: Secretary of
State etc.)—
(a)
after “section” insert “41A(5), 47P(4),”, and
(b)
after “75(7) or (8),” insert “190A(5), 195P(4),”.

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 7 — Proceeds of crime: forfeiture of detained cash
143

Part 7
Proceeds of crime: forfeiture of detained cash
44
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
45
In section 7 (recoverable amount for the purpose of confiscation orders:
England and Wales) in subsection (4) for the words from “any property” to
5
the end substitute “the following must be ignored—
(a)
any property in respect of which a recovery order is in force
under section 266,
(b)
any property which has been forfeited in pursuance of a
forfeiture notice under section 297A, and
10
(c)
any property in respect of which a forfeiture order is in force
under section 298(2).”
46    (1)
Section 82 (definition of “free property”) is amended as follows.
      (2)
At the beginning insert—
“(1)
Property is free unless it falls within subsection (2) or (3).”
15
      (3)
The existing text becomes subsection (2).
      (4)
In that subsection for “Property is free unless” substitute “Property falls
within this subsection if”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
20
(a)
it has been forfeited in pursuance of a forfeiture notice under
section 297A;
(b)
it is detained under section 297C or 297D.”
47
In section 93 (recoverable amount for the purpose of confiscation orders:
Scotland) in subsection (4) for the words from “any property” to the end
25
substitute “the following must be ignored—
(a)
any property in respect of which a recovery order is in force
under section 266,
(b)
any property which has been forfeited in pursuance of a
forfeiture notice under section 297A, and
30
(c)
any property in respect of which a forfeiture order is in force
under section 298(2).”
48    (1)
Section 148 (definition of “free property”) is amended as follows.
      (2)
At the beginning insert—
“(1)
Property is free unless it falls within subsection (2) or (3).”
35
      (3)
The existing text becomes subsection (2).
      (4)
In that subsection for “Property is free unless” substitute “Property falls
within this subsection if”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
40

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 7 — Proceeds of crime: forfeiture of detained cash
144

(a)
it has been forfeited in pursuance of a forfeiture notice under
section 297A;
(b)
it is detained under section 297C or 297D.”
49
In section 157 (recoverable amount for the purpose of confiscation orders:
Northern Ireland) in subsection (4) for the words from “any property” to the
5
end substitute “the following must be ignored—
(a)
any property in respect of which a recovery order is in force
under section 266,
(b)
any property which has been forfeited in pursuance of a
forfeiture notice under section 297A, and
10
(c)
any property in respect of which a forfeiture order is in force
under section 298(2).”
50    (1)
Section 230 (definition of “free property”) is amended as follows.
      (2)
At the beginning insert—
“(1)
Property is free unless it falls within subsection (2) or (3).”
15
      (3)
The existing text becomes subsection (2).
      (4)
In that subsection for “Property is free unless” substitute “Property falls
within this subsection if”.
      (5)
At the end insert—
“(3)
Property falls within this subsection if—
20
(a)
it has been forfeited in pursuance of a forfeiture notice under
section 297A;
(b)
it is detained under section 297C or 297D.”
51
In section 278 (limit on recovery by recovery order) after subsection (6)
insert—
25
“(6A)
If—
(a)
recoverable property is forfeited in pursuance of a forfeiture
notice under section 297A, and
(b)
the enforcement authority subsequently seeks a recovery
order in respect of related property,
30

the forfeiture notice is to be treated for the purposes of this section as
if it were a recovery order obtained by the enforcement authority in
respect of the forfeited property.”
52
In section 300(1) (application of cash forfeited by court under section 298) for
“this Chapter” substitute “section 298”.
35
53    (1)
Section 301 (victims and other owners: application for release of cash) is
amended as follows.
      (2)
In subsection (4)(c) for the words from “the conditions” to “that section”
substitute “the release condition is met”.
      (3)
After subsection (4) insert—
40
“(5)
The release condition is met—

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 8 — Proceeds of crime: detained cash investigations
145

(a)
in relation to cash detained under section 295, if the
conditions in that section for the detention of the cash are no
longer met,
(b)
in relation to cash detained under section 297C or 297D, if the
cash is not recoverable property and is not intended by a
5
person for use in unlawful conduct, and
(c)
in relation to cash detained under 298, if the court or sheriff
decides not to make an order under that section in relation to
the cash.”
54    (1)
Section 302 (compensation) is amended as follows.
10
      (2)
For subsection (1) substitute—
“(1)
If any cash is detained under this Chapter the person to whom the
cash belongs or from whom it was seized may make an application
to the magistrates' court or (in Scotland) the sheriff for compensation
if—
15
(a)
the cash is not forfeited in pursuance of a forfeiture notice,
and
(b)
no forfeiture order is made in respect of the cash.”
      (3)
After subsection (7B) insert—
“(7C)
If any cash is detained under this Chapter and part only of the cash
20
is forfeited in pursuance of a forfeiture notice, this section has effect
in relation to the other part.”
55
In section 341(3A)(a) and (b) (definition of detained cash investigation) for
“section 295” substitute “that Chapter”.
56
In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section”
25
insert “297C or”.
Part 8
Proceeds of crime: detained cash investigations
57
In section 18 of the Civil Jurisdiction and Judgments Act 1982 (c. 27)
(enforcement of UK judgments in other parts of UK), in subsection (2)—
30
(a)
in paragraph (f)—
(i)
omit “or a detained cash investigation”, and
(ii)
for “meanings” substitute “meaning”, and
(b)
after paragraph (f) insert—
“(g)
an order made, or a warrant issued, under Chapter 3
35
of Part 8 of the Proceeds of Crime Act 2002 for the
purposes of a detained cash investigation within the
meaning given by section 341 of that Act;”.
58
In section 64 of the Criminal Justice and Police Act 2001 (c. 16) (meaning of
“appropriate judicial authority”), in subsection (3)(aa), omit “or a detained
40
cash investigation”.
59
For paragraph 13A of Schedule 2 to the Commissioners for Revenue and

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 10 — Border controls
146

Customs Act 2005 (c. 11) (restrictions on functions of officers) substitute—
“13A
The powers conferred on an officer of Revenue and Customs by
virtue of the following are exercisable only in relation to cash
seized in accordance with paragraph 13 above by an officer of
Revenue and Customs under section 294 of the Act of 2002—
5
(a)
section 352(5)(c), 353(10)(c) or 378(3A)(b) of that Act
(powers in relation to search and seizure warrants and
production orders), and
(b)
an order under subsection (2) of section 355 of that Act
made in pursuance of subsection (3)(d) or (4)(d) of that
10
section (application of other provisions dealing with
retention).”
Part 9
Criminal records
60
In section 119 of the Police Act 1997 (c. 50) (sources of information) for
15
subsection (1A) substitute—
“(1A)
The Secretary of State may require the Independent Safeguarding
Authority to make available specified information for the purpose of
enabling the Secretary of State to carry out functions under this Part
in relation to—
20
(a)
any application for a certificate or for registration; or
(b)
the determination of whether a person should continue to be
a registered person.”
Part 10
Border controls
25
61    (1)
Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is
amended as follows.
      (2)
Omit subsection (4) (prohibition on importation).
      (3)
In subsections (5), (8) and (11A) omit—
(a)
paragraph (b), and
30
(b)
the “or” immediately before that paragraph.
      (4)
In subsection (11D)—
(a)
in paragraph (a) omit “or from the prohibition in subsection (4)
above”, and
(b)
in paragraph (b) omit “, or for an offence under section 50(2) or (3) of
35
the Customs and Excise Management Act 1979,”.
62
In paragraph 61 the references to subsections (11A) and (11D) are to those
subsections as inserted by section 43(4) of and paragraph 11(3) of Schedule
2 to the Violent Crime Reduction Act 2006 (c. 38).
63
In section 289(8) of the Proceeds of Crime Act 2002 (recovery of cash in
40
summary proceedings: intimate searches) after “1979 (c. 2))” insert “but see
section 164A of that Act (additional Revenue and Customs powers to search
for cash)”.

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 12 — Redundant provisions etc
147

Part 11
Football spectators
64
In section 33 of the Serious Organised Crime and Police Act 2005 (c. 15)
(disclosure of information by SOCA), at the end of subsection (2)(e) insert
“or sections 79 to 81 of the Policing and Crime Act 2009”.
5
Part 12
Redundant provisions etc
Proof of intention to supply a controlled drug
65    (1)
The Misuse of Drugs Act 1971 (c. 38) is amended as follows.
      (2)
In section 5 (restriction of possession of controlled drugs) omit subsections
10
(4A) to (4C).
      (3)
In section 31 (general provisions as to regulations)—
(a)
in subsection (2) omit “, except as provided by subsection (2A),”, and
(b)
omit subsections (2A) and (4A).
      (4)
In section 38 (special provisions as to Northern Ireland) omit subsection
15
(1A).
Staff custody officers
66    (1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
      (2)
In section 30CA (bail under section 30A: variation of conditions by police),
in subsection (5) omit the following—
20
(a)
in paragraph (a)—
(i)
“, or a person designated as a staff custody officer under
section 38 of the Police Reform Act 2002,”, and
(ii)
“or officer”, and
(b)
in paragraph (b), “or officer”.
25
      (3)
In section 36 (custody officers at police stations)—
(a)
for subsection (3) substitute—
“(3)
No officer may be appointed a custody officer unless the
officer is of at least the rank of sergeant.”,
(b)
in subsection (5) for “an individual” substitute “an officer”,
30
(c)
in subsection (7)—
(i)
in paragraph (a), omit “or a staff custody officer” and for
“such a person” substitute “such an officer”, and
(ii)
in paragraph (b), for “such person” substitute “such officer”,
(d)
in subsection (8) for “a person” substitute “an officer”, and
35
(e)
omit subsection (11).
      (4)
In section 39 (responsibilities in relation to persons detained)—
(a)
in subsection (6)(a) omit “(or, if the custody officer is a staff custody
officer, any police officer or any police employee)”, and
(b)
omit subsection (7).
40

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 12 — Redundant provisions etc
148

      (5)
In section 55 (intimate searches), in the definition of “appropriate officer” in
subsection (17), omit paragraph (c) and the “or” immediately before it.
67    (1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/
3141 (N. I. 12)) is amended as follows.
      (2)
In Article 37 (custody officers at police stations)—
5
(a)
for paragraph (3) substitute—
“(3)
No police officer may be appointed a custody officer unless
the officer is of at least the rank of sergeant.”,
(b)
in paragraph (5) for “an individual” substitute “an officer”,
(c)
in paragraph (7)—
10
(i)
in sub-paragraph (a) omit “or a staff custody officer” and for
“such a person” substitute “such an officer”, and
(ii)
in sub-paragraph (b) for “such person” substitute “such
officer”,
(d)
in paragraph (8) for “a person” substitute “an officer”, and
15
(e)
omit paragraph (11).
      (3)
In Article 40 (responsibilities in relation to persons detained)—
(a)
in paragraph (6)(a) omit “(or, if the custody officer is a staff custody
officer, any police officer or any member of the police support staff)”,
and
20
(b)
omit paragraph (7).
68    (1)
The Police Reform Act 2002 (c. 30) is amended as follows.
      (2)
In section 38 (police powers for police authority employees) omit the
following—
(a)
subsection (2)(e),
25
(b)
subsection (6)(e), and
(c)
subsection (10).
      (3)
In Schedule 4 (powers exercisable by police civilians)—
(a)
omit Part 4A, and
(b)
in paragraph 36(2A), for “Parts 2 and 4A” substitute “Part 2”.
30
69    (1)
The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows.
      (2)
In section 30 (police powers for designated police support staff), omit the
following—
(a)
subsection (1)(d),
(b)
subsection (6)(d), and
35
(c)
subsection (11).
      (3)
In Schedule 2 (powers exercisable by designated persons) omit Part 3A.
Secretary of State’s approval of devices for taking fingerprints and samples
70    (1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
      (2)
In section 61 (fingerprinting in England and Wales) omit subsection (8A).
40
      (3)
In section 63 (non-intimate samples in England and Wales) omit subsection
(9A) (inserted by the Criminal Justice and Police Act 2001).