House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10 February 2009
118

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

45

Schedule  4,  page  125,  leave out lines 18 to 20.

Mr Vernon Coaker

136

Schedule  4,  page  126,  line  31,  leave out ‘in particular localities’ and insert ‘for

existing certificates’.

Mr Vernon Coaker

137

Schedule  4,  page  126,  line  33,  leave out from ‘on’ to ‘or disorder’ in line 45 and

insert ‘two or more existing relevant club premises certificates in its area if, in the case of

each of the premises concerned, it considers that—

(a)
there has been nuisance to members of the public, or a section of the

public, or disorder, on or near the premises,

(b)
the nuisance or disorder is associated with the consumption of alcohol on

the premises or with the consumption of alcohol supplied on the

premises,

(c)
there is likely to be a repetition of nuisance or disorder that is so

associated, and

(d)
it is appropriate to impose the conditions for the purposes of mitigating

or preventing the nuisance’.

Mr Vernon Coaker

138

Schedule  4,  page  127,  line  3,  leave out ‘in the locality concerned’ and insert ‘to

which the resolution applies’.

Mr Vernon Coaker

139

Schedule  4,  page  127,  line  10,  leave out ‘in a locality’.

Mr Vernon Coaker

140

Schedule  4,  page  127,  leave out lines 13 to 15.

Mr Vernon Coaker

141

Schedule  4,  page  127,  line  25,  leave out the words from first ‘the’ to ‘resolution’ in

line 27 and insert ‘holders of the relevant club premises certificates to which the

resolution is to apply and the responsible authorities for the premises concerned are

consulted before the’.

Mr Vernon Coaker

259


Clause  32,  page  23,  line  36,  leave out second ‘the’ and insert ‘a’.

Public Bill Committee: 10 February 2009
119

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

87

Clause  32,  page  24,  line  4,  leave out paragraph (c).

James Brokenshire

Mr David Ruffley

88

Clause  32,  page  24,  line  17,  leave out subsection (10).

Mr Vernon Coaker

260


Clause  32,  page  24,  line  23,  leave out second ‘the’ and insert ‘a’.

James Brokenshire

Mr David Ruffley

89

Clause  32,  page  24,  line  28,  leave out paragraph (c).

James Brokenshire

Mr David Ruffley

90

Clause  32,  page  24,  line  39,  leave out subsection (10).

Mr Vernon Coaker

150

Clause  33,  page  25,  leave out line 2 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 41 insert—’.

James Brokenshire

Mr David Ruffley

91

Clause  33,  page  25,  line  17,  leave out paragraph (a).

James Brokenshire

Mr David Ruffley

92

Clause  33,  page  25,  line  21,  leave out paragraph (e).

James Brokenshire

Mr David Ruffley

93

Clause  33,  page  25,  line  30,  leave out subsection (5).

Mr Vernon Coaker

151

Clause  33,  page  25,  line  31,  at end insert—

‘(3)
After section 44 insert—

Public Bill Committee: 10 February 2009
120

Policing and Crime Bill, continued

“44A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 41A

authorising the detention of property, and

(b)
the restraint order is discharged under section 42(5) or 43(3)(b).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 41A

authorising the detention of property, and

(b)
the restraint order is varied under section 42(5) or 43(3)(b) so as

to omit any such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against—

(a)
the decision to discharge or vary the restraint order, or

(b)
any decision made on an appeal against that decision.”’.

Mr Vernon Coaker

152

Clause  34,  page  25,  leave out line 33 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 120 insert—’.

Mr Vernon Coaker

153

Clause  34,  page  26,  line  13,  at end insert—

‘(3)
After section 122 insert—

“122A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 120A

authorising the detention of property, and

(b)
the restraint order is recalled under section 121(7).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 120A

authorising the detention of property, and

(b)
the restraint order is varied under section 121(7) so as to omit any

such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against (or review of)—

(a)
the decision to recall or vary the restraint order, or

(b)
any decision made on an appeal against (or review of) that

decision.”’.

Public Bill Committee: 10 February 2009
121

Policing and Crime Bill, continued

Mr Vernon Coaker

154

Clause  35,  page  26,  leave out line 15 and insert—

‘(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)
After section 190 insert—’.

James Brokenshire

Mr David Ruffley

94

Clause  35,  page  26,  line  30,  leave out paragraph (a).

James Brokenshire

Mr David Ruffley

95

Clause  35,  page  26,  line  34,  leave out paragraph (e).

Mr Vernon Coaker

155

Clause  35,  page  27,  line  2,  at end insert—

‘(3)
After section 193 insert—

“193A
Detention of property pending appeal

(1)
This section applies where—

(a)
a restraint order includes provision under section 190A

authorising the detention of property, and

(b)
the restraint order is discharged under section 191(5) or

192(3)(b).

(2)
This section also applies where—

(a)
a restraint order includes provision under section 190A

authorising the detention of property, and

(b)
the restraint order is varied under section 191(5) or 192(3)(b) so

as to omit any such provision.

(3)
The property may be detained until there is no further possibility of an

appeal against—

(a)
the decision to discharge or vary the restraint order, or

(b)
any decision made on an appeal against that decision.”’.

James Brokenshire

Mr David Ruffley

96

Clause  36,  page  27,  line  10,  leave out from ‘or’ to the end of line 15.

James Brokenshire

Mr David Ruffley

97

Clause  36,  page  27,  line  18,  at end insert ‘and that use of such power is

proportionate’.

Public Bill Committee: 10 February 2009
122

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

98

Clause  36,  page  27,  line  25,  leave out ‘the person has benefited’ amd insert ‘the

arrested person has benefited financially’.

Mr Vernon Coaker

156

Clause  36,  page  27,  line  27,  leave out ‘property held by the person’ and insert

‘realisable property’.

Mr Vernon Coaker

157

Clause  36,  page  27,  line  35,  leave out ‘property held by the person’ and insert

‘realisable property’.

Mr Vernon Coaker

158

Clause  36,  page  27,  line  42,  leave out ‘property held by the defendant’ and insert

‘realisable property’.

Mr Vernon Coaker

159

Clause  36,  page  28,  line  4,  leave out ‘property held by the defendant’ and insert

‘realisable property’.

James Brokenshire

Mr David Ruffley

99

Clause  36,  page  28,  line  8,  leave out ‘or the officer believes that such an application

is to be made’.

James Brokenshire

Mr David Ruffley

100

Clause  36,  page  28,  line  14,  leave out ‘or the officer believes that such an

application is to be made’.

James Brokenshire

Mr David Ruffley

101

Clause  36,  page  28,  line  22,  leave out ‘or the officer believes that such an

application is to be made’.

Mr Vernon Coaker

160

Clause  36,  page  28,  line  36,  at end insert—

‘(12)
In relation to the first or second condition section 77(9) has effect as if

proceedings for the offence had been started against the defendant when the

investigation was started.’.

Public Bill Committee: 10 February 2009
123

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

102

Clause  36,  page  28,  line  39,  leave out ‘by the defendant’ and insert ‘by the person

arrested in the case of a situation satisfying the first or second condition referred to in

Clause 47B or the defendant in any other case’.

Mr Vernon Coaker

161

Clause  36,  page  28,  line  39,  leave out ‘free property held by the defendant’ and

insert ‘realisable property’.

Mr Vernon Coaker

162

Clause  36,  page  29,  line  10,  at end insert—

‘(4A)
In relation to realisable property which is free property held by the recipient of a

tainted gift, references in subsection (4) to the defendant are to be read as

references to the recipient of that gift.’.

James Brokenshire

Mr David Ruffley

103

Clause  36,  page  29,  line  13,  leave out ‘unless, in the circumstances, it is not

practicable to obtain that approval before exercising the power’.

James Brokenshire

Mr David Ruffley

104

Clause  36,  page  29,  line  34,  leave out ‘unless, in the circumstances, it is not

practicable to obtain that approval before exercising the power’.

James Brokenshire

Mr David Ruffley

105

Clause  36,  page  29,  line  40,  leave out ‘a person’ and insert ‘the person arrested in

the case of a situation satisfying the first or second condition referred to in Clause 47B or

the defendant in any other case’.

James Brokenshire

Mr David Ruffley

106

Clause  36,  page  30,  line  14,  leave out ‘a person’ and insert ‘the person arrested in

the case of a situation satisfying the first or second condition referred to in Clause 47B or

the defendant in any other case’.

Mr Vernon Coaker

163

Clause  36,  page  30,  line  34,  at end insert—

‘(4A)
An officer exercising a power under subsection (4) may detain the vehicle for so

long as is necessary for its exercise.’.

Public Bill Committee: 10 February 2009
124

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

107

Clause  36,  page  30,  line  36,  leave out from ‘47G’ to end of line 37.

James Brokenshire

Mr David Ruffley

108

Clause  36,  page  30,  line  42,  leave out from ‘a’ to end of line 43 and insert ‘the

Crown Court’.

James Brokenshire

Mr David Ruffley

109

Clause  36,  page  30,  line  44,  leave out from beginning to end of line 10 on page 31.

James Brokenshire

Mr David Ruffley

110

Clause  36,  page  31,  line  15,  leave out ‘a justice of the peace’ and insert ‘the Crown

Court’.

James Brokenshire

Mr David Ruffley

111

Clause  36,  page  31,  line  21,  leave out ‘a justice of the peace’ and insert ‘the Crown

Court’.

James Brokenshire

Mr David Ruffley

112

Clause  36,  page  31,  line  27,  leave out ‘a justice of the peace’ and insert ‘the Crown

Court’.

Mr Vernon Coaker

261


Clause  36,  page  32,  line  29,  leave out subsection (2) and insert—

‘(2)
The property may be detained initially for a period of 48 hours.

(2A)
But it must be released if within that period the appropriate officer—

(a)
ceases to be satisfied as mentioned in section 47B(1), or

(b)
ceases to have reasonable grounds for the suspicion mentioned in section

47C(1).’.

James Brokenshire

Mr David Ruffley

113

Clause  36,  page  32,  line  29,  leave out subsection (2) and insert—

‘(2)
Provided that any of the conditions referred to in section 47B continue to be

satisfied, the property may be detained initially for a period of 48 hours’.

Mr Vernon Coaker

164

Clause  36,  page  32,  line  41 ,  at end insert—