House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

221

House of Commons

Notices of Amendments

given on

Thursday 19 February 2009

For other Amendment(s) see the following page(s):

Policing and Crime Bill Committee 170-208 and 209-219

Public Bill Committee

Policing and Crime Bill

Mr Vernon Coaker

307

Title,  line  6,  after ‘2006’ insert ‘and the Safeguarding Vulnerable Groups (Northern

Ireland) Order 2007’.

Member’s explanatory statement

This amendment is consequential on amendments 38, 40, and 42.

Mr Vernon Coaker

308

Clause  62,  page  86,  line  36,  leave out ‘31,’.

Member’s explanatory statement

This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in section 31 of the Safeguarding Vul

nerable Groups Act 2006, because amendment NC27 removes the references to ‘IBB’ from that

section.

Mr Vernon Coaker

309

Clause  62,  page  87,  line  1,  leave out ‘1 to 21’ and insert ‘2 to 6, 8 to 21’.

Member’s explanatory statement

This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in paragraphs 1 and 7 of Schedule 3 to

the Safeguarding Vulnerable Groups Act 2006 because amendment NC31 amends those para

graphs so that they refer to the ISA rather than to the IBB.

Mr Vernon Coaker

310

Clause  62,  page  87,  line  6,  after ‘(asp 14),’ insert—

‘(na)
the following enactments in the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any

relevant headings)—

(i)
Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,

Notices of Amendments: 19 February 2009
222

Policing and Crime Bill, continued

(ii)
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,

(iii)
paragraphs 4 and 8 of Schedule 2,

(iv)
paragraph 2 of Schedule 3, and

(v)
paragraphs 1 to 3 of Schedule 6,’.

Member’s explanatory statement

This amendment replaces ‘IBB’ by ‘ISA’ in provisions of the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007.

Mr Vernon Coaker

311

Clause  77,  page  96,  line  27,  after ‘prohibited’ insert ‘, subject to section 141ZC’.

Member’s explanatory statement

This amendment makes the prohibition on importation of offensive weapons subject to the excep

tions in new section 141ZC of the Criminal Justice Act 1988 (inserted by amendment 313).

Mr Vernon Coaker

312

Clause  77,  page  96,  line  35,  leave out subsection (4).

Member’s explanatory statement

This amendment omits the order making power to create exceptions and exemptions to the prohi

bition on the importation of offensive weapons, and the power to create defences to certain impor

tation offences.

Mr Vernon Coaker

313

Clause  77,  page  97,  leave out lines 7 to 35 and insert—

‘141ZC
Prohibition on importation of offensive weapons: exceptions

(1)
The importation of a weapon is not prohibited by section 141ZB if one of

the following exceptions applies.

(2)
Exception 1 is that the weapon is imported for the purposes only of

functions carried out on behalf of—

(a)
the Crown, or

(b)
a visiting force.

(3)
Exception 2 is that the weapon is imported for the purposes only of

making it available to a museum or gallery which does not distribute

profits.

(4)
Exception 3 is that the weapon is imported for the purposes only of

making it available for one or more of the following—

(a)
theatrical performances;

(b)
rehearsals of theatrical performances;

(c)
the production of films;

(d)
the production of television programmes.

(5)
In subsection (4)—

“films” has the meaning given by section 5B of the Copyright, Designs and

Patents Act 1988;

“television programmes” has the meaning given by section 405 of the

Communications Act 2003.

Notices of Amendments: 19 February 2009
223

Policing and Crime Bill, continued

(6)
The Secretary of State may by order provide for further exceptions from

the prohibition on importation of weapons under section 141ZB.

(7)
Orders under this section are to be made by statutory instrument.

(8)
A statutory instrument containing an order under this section may not be

made unless a draft of the instrument has been laid before and approved

by a resolution of each House of Parliament.’.

Member’s explanatory statement

This amendment sets out exceptions to the importation prohibition, rather than defences to offenc

es under section 50(2) and (3) of the Customs and Excise Management Act 1979. This means the

exceptions can be relied on in any criminal proceedings and in forfeiture proceedings under the

1979 Act.

Mr Vernon Coaker

314

Clause  77,  page  97,  line  37,  at end insert—

‘141ZD
Prohibition on importation of offensive weapons: burdens of proof

(1)
This section applies for the purposes of proceedings for an offence under

the Customs and Excise Management Act 1979 relating to a weapon the

importation of which is prohibited by section 141ZB above.

(2)
An exception conferred by or under section 141ZC is to be taken not to

apply unless sufficient evidence is adduced to raise an issue with respect

to the exception.

(3)
Where sufficient evidence is adduced to raise an issue with respect to an

exception, it is to be taken to apply unless the contrary is proved beyond

a reasonable doubt.”’.

Member’s explanatory statement

This amendment makes provision about the burden of proof which will apply where a person wish

es to rely on an exception to the prohibition on importation of offensive weapons in criminal pro

ceedings.

Mr Vernon Coaker

315

Clause  77,  page  97,  line  41,  leave out ‘section 50(2) or (3)’ and insert ‘any

provision’.

Member’s explanatory statement

This amendment amends the transitional provision which applies where the importation date can

not be established beyond reasonable doubt and this would otherwise prevent a person being con

victed. It widens the provision to apply to any offence under the Customs and Excise Management

Act 1979 rather than just specified importation offences.

Mr Vernon Coaker

316

Clause  77,  page  98,  line  1,  leave out ‘section 50(2) or (3)’ and insert ‘that

provision’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 315.

Mr Vernon Coaker

317

Clause  86,  page  102,  line  18,  at end insert—

Notices of Amendments: 19 February 2009
224

Policing and Crime Bill, continued

‘(9)
For the purposes of subsection (7), an amendment or repeal is not an amendment

or repeal of a provision of a public general Act if it is an amendment or repeal of

a provision which has been inserted (whether by substitution or otherwise) into

such an Act by a local Act or by any other Act which is not a public general Act.’.

Member’s explanatory statement

New clause 86(9) ensures that an order does not amend or repeal a provision of a public general

Act as described in subsection (7) if the provisions being amended or repealed were inserted by a

local Act or any other Act that is not a public general Act.

Mr Vernon Coaker

318

Schedule  6,  page  142,  line  24,  at end insert—

‘Access to Justice Act 1999 (c. 22)

    (1)
Schedule 2 to the Access to Justice Act 1999 (community legal service:

excluded services) is amended as follows.

      (2)
In paragraph 2(3) (magistrates’ court proceedings in which advocacy may be

funded as part of the Community Legal Service)—

(a)
in paragraph (l) after “section” insert “47M,”, and

(b)
after that paragraph (but before the following “and”) insert—

“(m)
for the discharge or variation of an order under

section 47M of the Proceeds of Crime Act 2002,

(n)
which relate to a direction under section 67C of the

Proceeds of Crime Act 2002,”.

      (3)
In paragraph 3(1) (certain Crown Court proceedings in which advocacy may

be funded as part of the Community Legal Service)—

(a)
after paragraph (a) insert—

“(aa)
proceedings which relate to an order under

section 47M authorising the detention of

property;”, and

(b)
after paragraph (d) insert—

“(da)
proceedings which relate to an order under

section 67A authorising an appropriate officer to

realise property;

(db)
proceedings which relate to a direction under

section 67C;”’.

Member’s explanatory statement

These amendments ensure that legal aid is available for proceedings under certain provisions

which the Bill inserts into the Proceeds of Crime Act 2002. These include proceedings for an order

authorising the further detention of seized property and proceedings for an order authorising the

sale of seized property.

Mr Vernon Coaker

319

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 69(1) (exercise of powers of court and receiver) for “67” substitute

“67C”.’.

Member’s explanatory statement

Section 69 of the Proceeds of Crime Act 2002 provides how the courts must exercise their powers

under certain provisions of that Act. This amendment adds powers conferred on courts by provi

sions of the Bill.

Notices of Amendments: 19 February 2009
225

Policing and Crime Bill, continued

Mr Vernon Coaker

320

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 132(1) (exercise of powers of court and administrator) for “131”

substitute “131C”.’.

Member’s explanatory statement

This makes provision equivalent to amendment 319 for Scotland.

Mr Vernon Coaker

321

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 217(1) (exercise of powers of court and receiver) for “215”

substitute “215C”.’.

Member’s explanatory statement

This makes provision equivalent to amendment 319 for Northern Ireland.

Mr Vernon Coaker

322

Schedule  6,  page  142,  line  30,  at end insert—


‘In section 453A(5) (offences in relation to financial investigators) for

paragraph (a) substitute—

“(a)
sections 47C to 47F or 195C to 195F (powers to seize and

search for realisable property);”’.

Member’s explanatory statement

This adds to the list of powers of an Accredited Financial Investigator that are relevant powers for

the purposes of the offence of assaulting an accredited financial investigator who is acting in the

exercise of a relevant power.

Mr Vernon Coaker

323

Schedule  6,  page  143,  line  2,  at end insert—

‘Access to Justice Act 1999 (c. 22)


In paragraph 2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (c. 22)

(certain magistrates’ court proceedings in which advocacy may be funded as

part of the Community Legal Service) after “295, 297,” insert “297E, 297F,”.’.

Member’s explanatory statement

The amendment provides for legal aid to be available for applications to set aside the forfeiture of

cash or for the release of cash subject to a forfeiture notice under the new provisions inserted by

clause 46 of the Bill.

Mr Vernon Coaker

324

Schedule  6,  page  145,  line  12,  leave out ‘any cash is detained under this Chapter’

and insert ‘cash detained under this Chapter was seized in England, Wales or Northern

Ireland’.

Member’s explanatory statement

This and amendments 323 and 324 clarify that compensation under section 302 of the Proceeds of

Crime Act 2002 may be claimed only in the part of the UK where the cash was seized. This is nec

essary because the forfeiture provisions inserted by clause 46 do not apply in Scotland.

Notices of Amendments: 19 February 2009
226

Policing and Crime Bill, continued

Mr Vernon Coaker

325

Schedule  6,  page  145,  line  14,  leave out ‘the magistrates’ court or (in Scotland) the

sheriff’ and insert ‘a magistrates’ court’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 324.

Mr Vernon Coaker

326

Schedule  6,  page  145,  line  18,  at end insert—

‘(1A)
If cash detained under this Chapter was seized in Scotland the

person to whom the cash belongs or from whom it was seized

may make an application to the sheriff for compensation if no

forfeiture order is made in respect of the cash.”’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 324.

Mr Vernon Coaker

327

Schedule  6,  page  145,  line  26,  at end insert—

‘UK Borders Act 2007 (c. 30)


In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of

Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers)

for “section 290” substitute “sections 290 and 297A”.’.

Member’s explanatory statement

The UK Borders Act 2007 provides that Chapter 3 of Part 5 of the Proceeds of Crime Act 2002

applies to immigration officers as it applies to constables. This amendment deals with the applica

tion of the administrative forfeiture scheme inserted by clause 46 to cash seized by immigration

officers.

Mr Vernon Coaker

328

Schedule  6,  page  146,  line  29,  leave out ‘, (8) and (11A)’ and insert ‘and (8)’.

Member’s explanatory statement

This amendment and amendment 329 are consequential on amendments 330 and 332.

Mr Vernon Coaker

329

Schedule  6,  page  146,  line  31,  at end insert—

  ‘(3A)
In subsection (11A), as inserted by the Violent Crime Reduction Act 2006,

omit—

(a)
paragraph (b), and

(b)
the “or” immediately before that paragraph.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 328.

Mr Vernon Coaker

330

Schedule  6,  page  146,  line  31,  at end insert—

  ‘(3B)
In subsection (11A), as inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007, omit “Subject to subsection (11C),”.’.

Notices of Amendments: 19 February 2009
227

Policing and Crime Bill, continued

Member’s explanatory statement

This amendment is consequential on amendment 332.

Mr Vernon Coaker

331

Schedule  6,  page  146,  line  32,  after ‘(11D)’ insert ‘, as inserted by the Violent

Crime Reduction Act 2006’.

Member’s explanatory statement

This amendment is consequential on amendment 332.

Mr Vernon Coaker

332

Schedule  6,  page  146,  line  36,  at end insert—

    ‘(5)
Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and

Weapons (Scotland) Act 2007.’.

Member’s explanatory statement

This amendment omits provisions inserted into section 141 of the Criminal Justice Act 1988 by sec

tion 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 which are no longer needed

in light of the changes made by amendment 313.

Mr Vernon Coaker

333

Schedule  6,  page  146,  line  37,  leave out paragraph 62.

Member’s explanatory statement

This amendment is consequential on amendments 328, 329 and 331.

Mr Vernon Coaker

334

Schedule  7,  page  150,  line  36,  at end insert—

‘Part 3A

Proceeds of crime: confiscation

Reference
Extent of repeal

Proceeds of Crime Act 2002 (c. 29)
Section 45.

In section 87(2), the words from “; and for” to the

end.

Section 126.

In section 153(2), the words from “; and for” to the

end.

Section 194.

In section 235(2), the words from “; and for” to the

end.

Serious Crime Act 2007 (c. 27)
Section 78.’.

Member’s explanatory statement

This makes repeals consequential on other amendments to be made in the Bill.