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| Thursday 19 February 2009 |
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| For other Amendment(s) see the following page(s):
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| Policing and Crime Bill Committee 170-208 and 209-219 |
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| Title, line 6, after ‘2006’ insert ‘and the Safeguarding Vulnerable Groups (Northern |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendments 38, 40, and 42. |
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| Clause 62, page 86, line 36, leave out ‘31,’. |
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| | Member’s explanatory statement
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| | This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in section 31 of the Safeguarding Vul |
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| | nerable Groups Act 2006, because amendment NC27 removes the references to ‘IBB’ from that |
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| Clause 62, page 87, line 1, leave out ‘1 to 21’ and insert ‘2 to 6, 8 to 21’. |
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| | Member’s explanatory statement
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| | This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in paragraphs 1 and 7 of Schedule 3 to |
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| | the Safeguarding Vulnerable Groups Act 2006 because amendment NC31 amends those para |
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| | graphs so that they refer to the ISA rather than to the IBB. |
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| Clause 62, page 87, line 6, after ‘(asp 14),’ insert— |
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| | ‘(na) | the following enactments in the Safeguarding Vulnerable Groups |
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| | (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any |
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| | (i) | Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52, |
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| | (ii) | paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1, |
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| | (iii) | paragraphs 4 and 8 of Schedule 2, |
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| | (iv) | paragraph 2 of Schedule 3, and |
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| | (v) | paragraphs 1 to 3 of Schedule 6,’. |
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| | Member’s explanatory statement
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| | This amendment replaces ‘IBB’ by ‘ISA’ in provisions of the Safeguarding Vulnerable Groups |
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| | (Northern Ireland) Order 2007. |
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| Clause 77, page 96, line 27, after ‘prohibited’ insert ‘, subject to section 141ZC’. |
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| | Member’s explanatory statement
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| | This amendment makes the prohibition on importation of offensive weapons subject to the excep |
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| | tions in new section 141ZC of the Criminal Justice Act 1988 (inserted by amendment 313). |
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| Clause 77, page 96, line 35, leave out subsection (4). |
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| | Member’s explanatory statement
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| | This amendment omits the order making power to create exceptions and exemptions to the prohi |
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| | bition on the importation of offensive weapons, and the power to create defences to certain impor |
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| Clause 77, page 97, leave out lines 7 to 35 and insert— |
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| | ‘141ZC | Prohibition on importation of offensive weapons: exceptions |
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| | (1) | The importation of a weapon is not prohibited by section 141ZB if one of |
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| | the following exceptions applies. |
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| | (2) | Exception 1 is that the weapon is imported for the purposes only of |
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| | functions carried out on behalf of— |
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| | (3) | Exception 2 is that the weapon is imported for the purposes only of |
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| | making it available to a museum or gallery which does not distribute |
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| | (4) | Exception 3 is that the weapon is imported for the purposes only of |
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| | making it available for one or more of the following— |
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| | (a) | theatrical performances; |
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| | (b) | rehearsals of theatrical performances; |
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| | (c) | the production of films; |
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| | (d) | the production of television programmes. |
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| | “films” has the meaning given by section 5B of the Copyright, Designs and |
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| | “television programmes” has the meaning given by section 405 of the |
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| | (6) | The Secretary of State may by order provide for further exceptions from |
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| | the prohibition on importation of weapons under section 141ZB. |
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| | (7) | Orders under this section are to be made by statutory instrument. |
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| | (8) | A statutory instrument containing an order under this section may not be |
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| | made unless a draft of the instrument has been laid before and approved |
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| | by a resolution of each House of Parliament.’. |
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| | Member’s explanatory statement
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| | This amendment sets out exceptions to the importation prohibition, rather than defences to offenc |
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| | es under section 50(2) and (3) of the Customs and Excise Management Act 1979. This means the |
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| | exceptions can be relied on in any criminal proceedings and in forfeiture proceedings under the |
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| Clause 77, page 97, line 37, at end insert— |
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| | ‘141ZD | Prohibition on importation of offensive weapons: burdens of proof |
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| | (1) | This section applies for the purposes of proceedings for an offence under |
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| | the Customs and Excise Management Act 1979 relating to a weapon the |
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| | importation of which is prohibited by section 141ZB above. |
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| | (2) | An exception conferred by or under section 141ZC is to be taken not to |
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| | apply unless sufficient evidence is adduced to raise an issue with respect |
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| | (3) | Where sufficient evidence is adduced to raise an issue with respect to an |
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| | exception, it is to be taken to apply unless the contrary is proved beyond |
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| | Member’s explanatory statement
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| | This amendment makes provision about the burden of proof which will apply where a person wish |
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| | es to rely on an exception to the prohibition on importation of offensive weapons in criminal pro |
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| Clause 77, page 97, line 41, leave out ‘section 50(2) or (3)’ and insert ‘any |
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| | Member’s explanatory statement
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| | This amendment amends the transitional provision which applies where the importation date can |
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| | not be established beyond reasonable doubt and this would otherwise prevent a person being con |
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| | victed. It widens the provision to apply to any offence under the Customs and Excise Management |
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| | Act 1979 rather than just specified importation offences. |
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| Clause 77, page 98, line 1, leave out ‘section 50(2) or (3)’ and insert ‘that |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 315. |
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| Clause 86, page 102, line 18, at end insert— |
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| | ‘(9) | For the purposes of subsection (7), an amendment or repeal is not an amendment |
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| | or repeal of a provision of a public general Act if it is an amendment or repeal of |
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| | a provision which has been inserted (whether by substitution or otherwise) into |
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| | such an Act by a local Act or by any other Act which is not a public general Act.’. |
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| | Member’s explanatory statement
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| | New clause 86(9) ensures that an order does not amend or repeal a provision of a public general |
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| | Act as described in subsection (7) if the provisions being amended or repealed were inserted by a |
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| | local Act or any other Act that is not a public general Act. |
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| Schedule 6, page 142, line 24, at end insert— |
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| | ‘Access to Justice Act 1999 (c. 22) |
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| | (1) | Schedule 2 to the Access to Justice Act 1999 (community legal service: |
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| | excluded services) is amended as follows. |
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| | (2) | In paragraph 2(3) (magistrates’ court proceedings in which advocacy may be |
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| | funded as part of the Community Legal Service)— |
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| | (a) | in paragraph (l) after “section” insert “47M,”, and |
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| | (b) | after that paragraph (but before the following “and”) insert— |
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| | “(m) | for the discharge or variation of an order under |
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| | section 47M of the Proceeds of Crime Act 2002, |
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| | (n) | which relate to a direction under section 67C of the |
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| | Proceeds of Crime Act 2002,”. |
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| | (3) | In paragraph 3(1) (certain Crown Court proceedings in which advocacy may |
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| | be funded as part of the Community Legal Service)— |
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| | (a) | after paragraph (a) insert— |
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| | “(aa) | proceedings which relate to an order under |
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| | section 47M authorising the detention of |
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| | (b) | after paragraph (d) insert— |
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| | “(da) | proceedings which relate to an order under |
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| | section 67A authorising an appropriate officer to |
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| | (db) | proceedings which relate to a direction under |
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| | Member’s explanatory statement
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| | These amendments ensure that legal aid is available for proceedings under certain provisions |
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| | which the Bill inserts into the Proceeds of Crime Act 2002. These include proceedings for an order |
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| | authorising the further detention of seized property and proceedings for an order authorising the |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 69(1) (exercise of powers of court and receiver) for “67” substitute |
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| | Member’s explanatory statement
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| | Section 69 of the Proceeds of Crime Act 2002 provides how the courts must exercise their powers |
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| | under certain provisions of that Act. This amendment adds powers conferred on courts by provi |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 132(1) (exercise of powers of court and administrator) for “131” |
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| | Member’s explanatory statement
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| | This makes provision equivalent to amendment 319 for Scotland. |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 217(1) (exercise of powers of court and receiver) for “215” |
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| | Member’s explanatory statement
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| | This makes provision equivalent to amendment 319 for Northern Ireland. |
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| Schedule 6, page 142, line 30, at end insert— |
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| | | ‘In section 453A(5) (offences in relation to financial investigators) for |
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| | paragraph (a) substitute— |
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| | “(a) | sections 47C to 47F or 195C to 195F (powers to seize and |
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| | search for realisable property);”’. |
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| | Member’s explanatory statement
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| | This adds to the list of powers of an Accredited Financial Investigator that are relevant powers for |
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| | the purposes of the offence of assaulting an accredited financial investigator who is acting in the |
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| | exercise of a relevant power. |
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| Schedule 6, page 143, line 2, at end insert— |
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| | ‘Access to Justice Act 1999 (c. 22) |
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| | | In paragraph 2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (c. 22) |
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| | (certain magistrates’ court proceedings in which advocacy may be funded as |
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| | part of the Community Legal Service) after “295, 297,” insert “297E, 297F,”.’. |
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| | Member’s explanatory statement
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| | The amendment provides for legal aid to be available for applications to set aside the forfeiture of |
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| | cash or for the release of cash subject to a forfeiture notice under the new provisions inserted by |
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| Schedule 6, page 145, line 12, leave out ‘any cash is detained under this Chapter’ |
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| and insert ‘cash detained under this Chapter was seized in England, Wales or Northern |
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| | Member’s explanatory statement
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| | This and amendments 323 and 324 clarify that compensation under section 302 of the Proceeds of |
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| | Crime Act 2002 may be claimed only in the part of the UK where the cash was seized. This is nec |
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| | essary because the forfeiture provisions inserted by clause 46 do not apply in Scotland. |
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| Schedule 6, page 145, line 14, leave out ‘the magistrates’ court or (in Scotland) the |
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| sheriff’ and insert ‘a magistrates’ court’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 324. |
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| Schedule 6, page 145, line 18, at end insert— |
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| | ‘(1A) | If cash detained under this Chapter was seized in Scotland the |
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| | person to whom the cash belongs or from whom it was seized |
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| | may make an application to the sheriff for compensation if no |
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| | forfeiture order is made in respect of the cash.”’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 324. |
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| Schedule 6, page 145, line 26, at end insert— |
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| | ‘UK Borders Act 2007 (c. 30) |
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| | | In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of |
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| | Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) |
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| | for “section 290” substitute “sections 290 and 297A”.’. |
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| | Member’s explanatory statement
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| | The UK Borders Act 2007 provides that Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 |
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| | applies to immigration officers as it applies to constables. This amendment deals with the applica |
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| | tion of the administrative forfeiture scheme inserted by clause 46 to cash seized by immigration |
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| Schedule 6, page 146, line 29, leave out ‘, (8) and (11A)’ and insert ‘and (8)’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 329 are consequential on amendments 330 and 332. |
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| Schedule 6, page 146, line 31, at end insert— |
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| | ‘(3A) | In subsection (11A), as inserted by the Violent Crime Reduction Act 2006, |
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| | (b) | the “or” immediately before that paragraph.’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 328. |
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| Schedule 6, page 146, line 31, at end insert— |
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| | ‘(3B) | In subsection (11A), as inserted by the Custodial Sentences and Weapons |
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| | (Scotland) Act 2007, omit “Subject to subsection (11C),”.’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 332. |
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| Schedule 6, page 146, line 32, after ‘(11D)’ insert ‘, as inserted by the Violent |
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| Crime Reduction Act 2006’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 332. |
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| Schedule 6, page 146, line 36, at end insert— |
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| | ‘(5) | Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and |
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| | Weapons (Scotland) Act 2007.’. |
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| | Member’s explanatory statement
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| | This amendment omits provisions inserted into section 141 of the Criminal Justice Act 1988 by sec |
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| | tion 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 which are no longer needed |
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| | in light of the changes made by amendment 313. |
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| Schedule 6, page 146, line 37, leave out paragraph 62. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendments 328, 329 and 331. |
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| Schedule 7, page 150, line 36, at end insert— |
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| | Proceeds of crime: confiscation |
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| | | | | | Proceeds of Crime Act 2002 (c. 29) |
| | | | | | In section 87(2), the words from “; and for” to the |
| | | | | | | | | | | | | | | In section 153(2), the words from “; and for” to the |
| | | | | | | | | | | | | | | In section 235(2), the words from “; and for” to the |
| | | | | | | | | Serious Crime Act 2007 (c. 27) |
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| | Member’s explanatory statement
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| | This makes repeals consequential on other amendments to be made in the Bill. |
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