Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

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(i)
the property may otherwise be made unavailable for
satisfying any confiscation order that has been or may
be made against the defendant, or
(ii)
the value of the property may otherwise be diminished
as a result of conduct by the defendant or any other
5
person.
(3)
An application for an order may be made by—
(a)
the Commissioners for Her Majesty's Revenue and Customs,
(b)
a constable,
(c)
an accredited financial investigator, or
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(d)
the prosecutor.
(4)
If the property was seized in reliance on the first or second condition in
section 195B, “the prosecutor” means a person who is to have conduct
of any proceedings for the offence.
(5)
A lay magistrate may also exercise the power of a magistrates' court
15
under this section and section 195N.
(6)
An order under this section must provide for notice to be given to
persons affected by it.
(7)
In this section “part” includes portion.
195N
Discharge, variation and lapse of detention order
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(1)
An order under section 195N may be discharged or varied.
(2)
An application for variation or discharge of the order may be
made by—
(a)
a person mentioned in section 195M(3),
(b)
the defendant, or
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(c)
any other person affected by the order.
(3)
On an application under this section the court must discharge the order
if—
(a)
the order was made on the ground that the first or second
condition in section 195B was met but proceedings for the
30
offence mentioned in that condition have not been started
within a reasonable time,
(b)
the order was made on the ground that the third or fourth
condition in section 195B was met but proceedings for the
offence mentioned in that condition have now been concluded,
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(c)
the order was made on the ground that the fifth, sixth or
seventh condition in section 195B was met but the application
mentioned in that condition has now been concluded or, as the
case may be, has not been made within a reasonable time.
(4)
An order made under section 195M lapses if a restraint order is made
40
in respect of the property to which it relates (but provision authorising
detention of the property may have been included in the restraint order
by virtue of section 190A).

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195O
Appeals
(1)
If on an application for an order under section 195M the court decides
not to make one, a person mentioned in subsection (3) of that section
may appeal to the county court against the decision.
(2)
If an application is made under section 195N in relation to an order the
5
following persons may appeal to the county court in respect of the
magistrates’ court’s decision on the application—
(a)
the defendant, or
(b)
any other person affected by the order.
(3)
If a lay magistrate decided the original application references in this
10
section to a magistrates’ court are to be read as references to the lay
magistrate.
195P
Codes of practice
(1)
The Secretary of State must make a code of practice in connection
with—
15
(a)
the carrying out by appropriate officers of the functions
conferred by section 195C to 195H,
(b)
the carrying out by senior officers of their functions under
section 195G, and
(c)
the detention of property under or by virtue of sections 190A
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and 195J to 195M.
(2)
Where the Secretary of State proposes to issue a code of practice the
Secretary of State must—
(a)
publish a draft,
(b)
consider any representations made about the draft,
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(c)
if the Secretary of State thinks appropriate, modify the draft in
the light of any such representations.
(3)
The Secretary of State must lay a draft of the code before Parliament.
(4)
When the Secretary of State has laid a draft of the code before
Parliament the Secretary of State may bring it into operation by order.
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(5)
The Secretary of State may revise the whole or any part of the code and
issue the code as revised; and subsections (2) to (4) apply to such a
revised code as they apply to the original code.
(6)
A failure by a person to comply with a provision of the code does not
of itself make the person liable to criminal or civil proceedings.
35
(7)
The code is admissible in evidence in criminal or civil proceedings and
is to be taken into account by a court or tribunal in any case in which it
appears to the court or tribunal to be relevant.”
(3)
In section 194 (seizure)—
(a)
in subsection (1) for “any realisable property to which it applies”
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substitute “any tainted gift to which it applies”, and
(b)
at the end of the heading insert “of tainted gifts”.
(4)
In section 217 (powers of court and receiver)—

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(a)
in subsection (1) after paragraph (b) insert—
“(c)
the powers conferred on appropriate officers by sections
195C to 195L;
(d)
the powers conferred on senior officers by section
195G.”
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(b)
at the end of the heading insert “etc”.
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Power to sell seized personal property: England and Wales
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 67 insert—
“67A
Seized personal property
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(1)
This section applies to personal property which is held by a person and
which—
(a)
has been seized by an appropriate officer under a relevant
seizure power, or
(b)
has been produced to an appropriate officer in compliance with
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a production order under section 345.
(2)
This section applies if the following conditions are satisfied—
(a)
a confiscation order is made against the person by whom the
property is held;
(b)
a receiver has not been appointed under section 50 in relation to
20
the property;
(c)
any period allowed under section 11 for payment of the amount
ordered to be paid under the confiscation order has ended.
(3)
In such a case a magistrates’ court may by order authorise an
appropriate officer to—
25
(a)
realise the property, and
(b)
pay the proceeds to the designated officer for the court on
account of the amount payable under the confiscation order.
(4)
In this section “appropriate officer” and “relevant seizure power” have
the same meaning as in section 41A.
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67B
Section 67A: appeals
(1)
If a magistrates’ court decides not to make an order under section 67A,
an appropriate officer may appeal to the Crown Court.
(2)
If a magistrates’ court makes an order under section 67A, a person
affected by the order may appeal to the Crown Court.
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(3)
But the person mentioned in section 67A(2)(a) may not appeal.
(4)
In this section “appropriate officer” has the same meaning as in section
41A.”
(3)
Accordingly, at the end of the cross-heading immediately above that section
insert “and personal property”.
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(4)
In each of the following provisions, for “67” substitute “67B”—
(a)
section 69(1) (exercise of powers of court and receiver),

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(b)
section 418(2)(a) (restriction on powers where person adjudged
bankrupt in England and Wales),
(c)
section 421(2)(a) (restriction on powers where award of sequestration),
(d)
section 424(2)(a) (restriction on powers where person adjudged
bankrupt in Northern Ireland),
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(e)
section 426(5)(a) (restriction on powers where company wound up in
England and Wales and Scotland),
(f)
section 428(5)(a) (restriction on powers where company wound up in
Northern Ireland), and
(g)
section 430(5)(a) (restriction on powers where property subject to a
10
floating charge).
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Power to sell seized personal property: Scotland
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 131 insert—
“Seized personal property
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131A
Seized personal property
(1)
This section applies to moveable property which is held by a person
and which —
(a)
has been seized by an appropriate officer under a relevant
seizure power, or
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(b)
has been produced to an appropriate officer in compliance with
a production order under section 380.
(2)
This section applies if the following conditions are satisfied—
(a)
a confiscation order is made against the person by whom the
property is held;
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(b)
an administrator has not been appointed under section 128 in
relation to the property;
(c)
any period allowed under section 116 for payment of the
amount ordered to be paid under the confiscation order has
ended.
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(3)
In such a case the sheriff may by order authorise an appropriate officer
to—
(a)
realise the property, and
(b)
pay the proceeds to the sheriff clerk on account of the amount
payable under the confiscation order.
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(4)
In this section “appropriate officer” and “relevant seizure power” have
the same meaning as in section 120A.
131B
Section 131A: appeals
(1)
If a sheriff decides not to make an order under section 131A, an
appropriate officer may appeal to the Court of Session.
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(2)
If a sheriff makes an order under section 131A, a person affected by the
order may appeal to the Court of Session.
(3)
But the person mentioned in section 131A(2)(a) may not appeal.

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(4)
An appeal under this section must be made before the end of the period
of 30 days starting with the day on which the decision or (as the case
may be) the order was made.
(5)
On an appeal under this section the Court of Session may—
(a)
make or (as the case may be) confirm the order, or
5
(b)
make such order as Court of Session believes is appropriate.
(6)
In this section “appropriate officer” has the same meaning as in section
120A.”
(3)
In section 132(1) (exercise of powers of court and administrator) for “131”
substitute “131B”.
10
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Power to sell seized personal property: Northern Ireland
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 215 insert—
“215A
Seized personal property
(1)
This section applies to personal property which is held by a person and
15
which—
(a)
has been seized by an appropriate officer under a relevant
seizure power, or
(b)
has been produced to an appropriate officer in compliance with
a production order under section 345.
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(2)
This section applies if the following conditions are satisfied—
(a)
a confiscation order is made against the person by whom the
property is held;
(b)
a receiver has not been appointed under section 198 in relation
to the property;
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(c)
any period allowed under section 161 for payment of the
amount ordered to be paid under the confiscation order has
ended.
(3)
In such a case a magistrates’ court may by order authorise an
appropriate officer to—
30
(a)
realise the property, and
(b)
pay the proceeds to the appropriate chief clerk on account of the
amount payable under the confiscation order.
(4)
In this section—
(a)
“appropriate officer” and “relevant seizure power” have the
35
same meaning as in section 190A, and
(b)
“appropriate chief clerk” has the same meaning as in section
202(7).
215B
Section 215A: appeals
(1)
If a magistrates’ court decides not to make an order under section 215A,
40
an appropriate officer may appeal to a county court.
(2)
If a magistrates’ court makes an order under section 215A, a person
affected by the order may appeal to a county court.

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(3)
But the person mentioned in section 215A(2)(a) may not appeal.
(4)
In this section “appropriate officer” has the same meaning as in section
190A.”
(3)
Accordingly, at the end of the cross-heading immediately above that section
insert “and personal property”.
5
(4)
In each of the following provisions, for “215” substitute “215B”—
(a)
section 217(1) (exercise of powers of court and receiver),
(b)
section 418(2)(c) (restriction on powers where person adjudged
bankrupt in England and Wales),
(c)
section 421(2)(c) (restriction on powers where award of sequestration),
10
(d)
section 424(2)(c) (restriction on powers where person adjudged
bankrupt in Northern Ireland),
(e)
section 426(5)(c) (restriction on powers where company wound up in
England and Wales and Scotland),
(f)
section 428(5)(c) (restriction on powers where company wound up in
15
Northern Ireland), and
(g)
section 430(5)(c) (restriction on powers where property subject to a
floating charge).
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Payment of compensation
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
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(2)
In section 72 (serious default in England and Wales) in subsection (9)—
(a)
after paragraph (b) insert—
“(ba)
if the person in default was a member of staff of SOCA,
the compensation is payable by SOCA;”, and
(b)
after paragraph (e) insert—
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“(f)
if the person in default was an accredited financial
investigator and none of paragraphs (a) to (e) apply, the
compensation is payable in accordance with paragraph
(a), (c) or (e) of section 302(7A) (as the case may
require).”
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(3)
In section 139 (serious default in Scotland) after paragraph (c) of subsection (9)
insert—
“(ca)
if the person in default was a member of staff of SOCA, the
compensation is payable by SOCA;”.
(4)
Subsection (9) of section 220 (serious default in Northern Ireland) is amended
35
as follows.
(5)
In paragraph (b), for “a member of the Director of Public Prosecutions for
Northern Ireland” substitute “a member of the Public Prosecution Service for
Northern Ireland”.
(6)
After paragraph (b) insert—
40
“(ba)
if the person in default was a member of staff of SOCA, the
compensation is payable by SOCA;”.
(7)
After paragraph (e) insert—
“(f)
if the person in default was an accredited financial investigator
and none of paragraphs (a) to (e) apply, the compensation is
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payable in accordance with paragraph (b), (d) or (e) of section
302(7A) (as the case may require).”
Civil recovery
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Limitation
(1)
In the following provisions for “twelve years” substitute “20 years”—
5
(a)
sections 27A(2) and 27B(2) of the Limitation Act 1980 (c. 58) (civil
recovery of property obtained through unlawful conduct etc),
(b)
sections 19B(2) and 19C(2) of the Prescription and Limitation (Scotland)
Act 1973 (c. 52) (equivalent provisions for Scotland), and
(c)
Articles 72A(2) and 72B(2) of the Limitation (Northern Ireland) Order
10
1989 (S.I. 1339 (N.I. 11)) (equivalent provisions for Northern Ireland).
(2)
The amendments made by this section—
(a)
apply to causes of action which accrued before, as well as to causes of
action which accrue after, the commencement of this section, but
(b)
do not apply to causes of action barred by the provisions mentioned in
15
subsection (1) before the commencement of this section.
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Power to search vehicles
(1)
Section 289 of the Proceeds of Crime Act 2002 (c. 29) (searches) is amended as
set out in subsections (2) to (5).
(2)
After subsection (1) insert—
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“(1A)
The powers specified in subsection (1D) are exercisable if—
(a)
a customs officer, a constable or an accredited financial
investigator has reasonable grounds for suspecting that there is
cash falling within subsection (1E) in a vehicle, and
(b)
it appears to the officer, constable or investigator that the
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vehicle is under the control of a person (the suspect) who is in
or in the vicinity of the vehicle.
(1B)
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
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payment or otherwise, as of right or by virtue of express or
implied permission, or
(b)
in any other place to which at that time people have ready
access but which is not a dwelling.
(1C)
But if the vehicle is in a garden or yard or other land occupied with and
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used for the purposes of a dwelling, the customs officer, constable or
accredited financial investigator may exercise the powers under
subsection (1D) only if the officer, constable or investigator has
reasonable grounds for believing—
(a)
that the suspect does not reside in the dwelling, and
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(b)
that the vehicle is not in the place in question with the express
or implied permission of a person who resides in the dwelling.