Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 4 — Proceeds of Crime
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(b)
a person employed by a police authority in England and Wales
under section 15 of the Police Act 1996 or a member of staff of
the City of London police force,
(c)
an accredited financial investigator,
(d)
a member of staff of the Crown Prosecution Service,
5
(e)
a member of staff of the Serious Fraud Office,
(f)
a member of staff of the Revenue and Customs Prosecutions
Office,
(g)
a member of staff of the Commissioners for Her Majesty’s
Revenue and Customs,
10
(h)
a member of staff of SOCA,
(i)
a member of staff of any government department not
mentioned above.
(9)
It is immaterial for the purposes of subsection (7) whether a person falls
within subsection (8) by virtue of a permanent or temporary
15
appointment or a secondment from elsewhere.
(10)
The reference in subsection (8) 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.”
20
(3)
In section 203 (sums received by chief clerk in Northern Ireland) for subsection
(7) substitute—
“(7)
Subsection (4) does not apply in relation to the remuneration of the
receiver if the receiver is a person falling within subsection (8).
(8)
The following fall within this subsection—
25
(a)
a constable,
(b)
a member of staff of the Northern Ireland Policing Board,
(c)
an accredited financial investigator,
(d)
a member of staff of the Public Prosecution Service for Northern
Ireland,
30
(e)
a member of staff of the Serious Fraud Office,
(f)
a member of staff of a Northern Ireland department,
(g)
a member of staff of the Commissioners for Her Majesty’s
Revenue and Customs,
(h)
a member of staff of SOCA.
35
(9)
It is immaterial for the purposes of subsection (7) whether a person falls
within subsection (8) by virtue of a permanent or temporary
appointment or a secondment from elsewhere.
(10)
The reference in subsection (8) to an accredited financial investigator is
a reference to an accredited financial investigator who falls within a
40
description specified in an order made for the purposes of that
subsection by the Secretary of State under section 453.”

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Power to retain seized property: England and Wales
After section 41 of the Proceeds of Crime Act 2002 (c. 29) insert—
“41A
Restraint orders: power to retain seized property etc.
(1)
A restraint order may include provision authorising the detention of
any property to which it applies if the property—
5
(a)
is seized by an appropriate officer under a relevant seizure
power, or
(b)
is produced to an appropriate officer in compliance with a
production order under section 345.
(2)
Provision under subsection (1) may, in particular—
10
(a)
relate to specified property, to property of a specified
description or to all property to which the restraint order
applies;
(b)
relate to property that has already been seized or produced or
to property that may be seized or produced in future.
15
(3)
“Appropriate officer” means—
(a)
an accredited financial investigator;
(b)
a constable;
(c)
an officer of Revenue and Customs;
(d)
a member of staff of SOCA;
20
(e)
a member of staff of the relevant director (within the meaning
of section 352(5A)).
(4)
“Relevant seizure power” means a power to seize property which is
conferred by or by virtue of—
(a)
section 45,
25
(b)
section 47C,
(c)
section 352, or
(d)
Part 2 or 3 of the Police and Criminal Evidence Act 1984
(including as applied by order under section 114(2) of that Act).
(5)
The Secretary of State may by order amend the definition of “relevant
30
seizure power”.”
34
Power to retain seized property: Scotland
After section 120 of the Proceeds of Crime Act 2002 insert—
“120A
Restraint orders: power to retain seized property etc.
(1)
A restraint order may include provision authorising the detention of
35
any property to which it applies if the property—
(a)
is seized by an appropriate officer under a relevant seizure
power, or
(b)
is produced to an appropriate officer in compliance with a
production order under section 380.
40
(2)
Provision under subsection (1) may, in particular—
(a)
relate to specified property, to property of a specified
description or to all property to which the restraint order
applies;

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(b)
relate to property that has already been seized or produced or
to property that may be seized or produced in future.
(3)
“Appropriate officer” means—
(a)
a constable;
(b)
an officer of Revenue and Customs;
5
(c)
a member of staff of SOCA.
(4)
“Relevant seizure power” means a power to seize property conferred
by or by virtue of—
(a)
section 126, 127C or 387,
(b)
a warrant granted under any other enactment or any rule of
10
law, or
(c)
any other enactment, or any rule of law, under which the
authority of a warrant is not required.”
35
Power to retain seized property: Northern Ireland
After section 190 of the Proceeds of Crime Act 2002 (c. 29) insert—
15
“190A
Restraint orders: power to retain seized property
(1)
A restraint order may include provision authorising the detention of
any property to which it applies if the property—
(a)
is seized by an appropriate officer under a relevant seizure
power, or
20
(b)
is produced to an appropriate officer in compliance with a
production order under section 345.
(2)
Provision under subsection (1) may, in particular—
(a)
relate to specified property, to property of a specified
description or to all property to which the restraint order
25
applies;
(b)
relate to property that has already been seized or produced or
to property that may be seized or produced in future.
(3)
“Appropriate officer” means—
(a)
an accredited financial investigator;
30
(b)
a constable;
(c)
an officer of Revenue and Customs;
(d)
a member of staff of SOCA;
(e)
a member of staff of the relevant director (within the meaning
of section 352(5A)).
35
(4)
“Relevant seizure power” means a power to seize property conferred
by or by virtue of—
(a)
section 194,
(b)
section 195C,
(c)
section 352, or
40
(d)
Part 3 or 4 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (including as applied by order under
Article 85(1) of that Order).

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(5)
The Secretary of State may by order amend the definition of “relevant
seizure power”.”
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Search and seizure of property: England and Wales
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 47 insert—
5
“Search and seizure powers
47A
Sections 47B to 47P: meaning of “appropriate officer”
(1)
In sections 47B to 47P “appropriate officer” means—
(a)
an officer of Revenue and Customs,
(b)
a constable, or
10
(c)
an accredited financial investigator.
(2)
In subsection (1)(c) the reference 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
provision by the Secretary of State under section 453.
15
47B
Conditions for exercise of powers
(1)
An appropriate officer may exercise the power conferred by
section 47C if satisfied that any of the following conditions is met.
(2)
The first condition is that—
(a)
a criminal investigation has been started in England and Wales
20
with regard to an indictable offence,
(b)
a person has been arrested for the offence,
(c)
proceedings for the offence have not yet been started against the
person in England and Wales,
(d)
there is reasonable cause to believe that the person has benefited
25
from conduct constituting the offence, and
(e)
a restraint order is not in force in respect of any property held
by the person.
(3)
The second condition is that—
(a)
a criminal investigation has been started in England and Wales
30
with regard to an indictable offence,
(b)
a person has been arrested for the offence,
(c)
proceedings for the offence have not yet been started against the
person in England and Wales, and
(d)
a restraint order is in force in respect of any property held by the
35
person.
(4)
The third condition is that—
(a)
proceedings for an indictable offence have been started in
England and Wales and have not been concluded,
(b)
there is reasonable cause to believe that the defendant has
40
benefited from conduct constituting the offence, and
(c)
a restraint order is not in force in respect of any property held
by the defendant.

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(5)
The fourth condition is that—
(a)
proceedings for an indictable offence have been started in
England and Wales and have not been concluded, and
(b)
a restraint order is in force in respect of any property held by the
defendant.
5
(6)
The fifth condition is that—
(a)
an application by the prosecutor has been made under section
19, 20, 27 or 28 and not concluded, or the officer believes that
such an application is to be made, and
(b)
there is reasonable cause to believe that the defendant has
10
benefited from criminal conduct.
(7)
The sixth condition is that—
(a)
an application by the prosecutor has been made under
section 21 and not concluded, or the officer believes that such an
application is to be made, and
15
(b)
there is reasonable cause to believe that the court will decide
under that section that the amount found under the new
calculation of the defendant's benefit exceeds the relevant
amount (as defined in that section).
(8)
The seventh condition is that—
20
(a)
an application by the prosecutor has been made under
section 22 and not concluded, or the officer believes that such an
application is to be made, and
(b)
there is reasonable cause to believe that the court will decide
under that section that the amount found under the new
25
calculation of the available amount exceeds the relevant
amount (as defined in that section).
(9)
The third or fourth condition is not met if the officer believes that—
(a)
there has been undue delay in continuing the proceedings, or
(b)
the prosecutor does not intend to proceed.
30
(10)
If an application mentioned in the fifth, sixth or seventh condition has
been made the condition is not met if the officer believes that—
(a)
there has been undue delay in continuing the application, or
(b)
the prosecutor does not intend to proceed.
(11)
In relation to the first or second condition references in sections 47C to
35
47P to the defendant are to the person mentioned in that condition.
47C
Power to seize property
(1)
On being satisfied as mentioned in section 47B(1) an appropriate officer
may seize any free property held by the defendant if the officer has
reasonable grounds for suspecting that—
40
(a)
the property may otherwise be made unavailable for satisfying
any confiscation order that has been or may be made against the
defendant, or
(b)
the value of the property may otherwise be diminished as a
result of conduct by the defendant or any other person.
45
(2)
But the officer may not seize—
(a)
cash, or

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(b)
exempt property.
(3)
“Cash” has the same meaning as in section 289.
(4)
“Exempt property” means—
(a)
such tools, books, vehicles and other items of equipment as are
necessary to the defendant for use personally in the defendant’s
5
employment, business or vocation;
(b)
such clothing, bedding, furniture, household equipment,
provisions or other things as are necessary for satisfying the
basic domestic needs of the defendant and the defendant’s
family.
10
(5)
The power conferred by this section—
(a)
may be exercised only with the appropriate approval under
section 47G unless, in the circumstances, it is not practicable to
obtain that approval before exercising the power, and
(b)
is exercisable by an officer of Her Majesty’s Revenue and
15
Customs only if the officer has reasonable grounds for
suspecting that conduct constituting the relevant offence relates
to an assigned matter (within the meaning of the Customs and
Excise Management Act 1979).
(6)
“Relevant offence” means—
20
(a)
in a case where the officer is satisfied that the first, second, third
or fourth condition in section 47B is met, the offence mentioned
in that condition,
(b)
in a case where the officer is satisfied that any of the other
conditions in section 47B is met, the offence (or any of the
25
offences) concerned.
47D
Search power: premises
(1)
If an appropriate officer is lawfully on any premises the officer may
search the premises for the purpose of finding any property which—
(a)
the officer has reasonable grounds for suspecting may be found
30
there, and
(b)
if found there, the officer intends to seize under section 47C.
(2)
The power conferred by this section may be exercised only with the
appropriate approval under section 47G unless, in the circumstances, it
is not practicable to obtain that approval before exercising the power.
35
(3)
“Premises” has the meaning given by section 23 of the Police and
Criminal Evidence Act 1984.
47E
Search power: people
(1)
An appropriate officer may exercise the following powers if the officer
has reasonable grounds for suspecting that a person is carrying
40
property that may be seized under section 47C.
(2)
The officer may, so far as the officer thinks it necessary or expedient for
the purpose of seizing the property under that section, require the
person—
(a)
to permit a search of any article with the person,
45
(b)
to permit a search of the person.

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(3)
An officer exercising a power under subsection (2) may detain the
person for so long as is necessary for its exercise.
(4)
A power conferred by this section may be exercised only with the
appropriate approval under section 47G unless, in the circumstances, it
is not practicable to obtain that approval before exercising the power.
5
(5)
This section does not require a person to submit to an intimate search
or strip search (within the meaning of section 164 of the Customs and
Excise Management Act 1979).
47F
Power to impose requirements relating to search of vehicles
(1)
The powers specified in subsection (4) are exercisable if—
10
(a)
an appropriate officer has reasonable grounds for suspecting
that a vehicle contains property that may be seized under
section 47C, and
(b)
it appears to the officer that the vehicle is under the control of a
person who is in or in the vicinity of the vehicle.
15
(2)
The powers are exercisable only if the vehicle is—
(a)
in any place to which, at the time of the proposed exercise of the
powers, the public or any section of the public has access, on
payment or otherwise, as of right or by virtue of express or
implied permission, or
20
(b)
in any other place to which at that time people have ready
access but which is not a dwelling.
(3)
But if the vehicle is in a garden or yard or other land occupied with and
used for the purposes of a dwelling, the officer may exercise the powers
under subsection (4) only if the officer has reasonable grounds for
25
believing—
(a)
that the person does not reside in the dwelling, and
(b)
that the vehicle is not in the place in question with the express
or implied permission of another who resides in the dwelling.
(4)
The officer may, so far as the officer thinks it necessary or expedient for
30
the purpose of seizing the property under section 47C, require the
person to—
(a)
permit entry to the vehicle,
(b)
permit a search of the vehicle.
(5)
A power conferred by this section may be exercised only with the
35
appropriate approval under section 47G unless, in the circumstances, it
is not practicable to obtain that approval before exercising the power.
47G
“Appropriate approval”
(1)
This section has effect for the purposes of sections 47C, 47D, 47E
and 47F.
40
(2)
The appropriate approval, in relation to the exercise of a power by an
appropriate officer, means the approval of a justice of the peace or (if
that is not practicable in any case) the approval of a senior officer.
(3)
A senior officer means—
(a)
in relation to the exercise of a power by an officer of Revenue
45
and Customs, an officer of Revenue and Customs of a rank