|
|
| |
| |
|
| |
| | |
| Clause 38, page 49, line 7, 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 195B(1), or |
|
| | (b) | ceases to have reasonable grounds for the suspicion mentioned in section |
|
| | |
| |
| | |
| Clause 38, page 49, line 19 , at end insert— |
|
| | ‘(3) | If such an application is made within that period and the application is |
|
| | refused, the property may be detained until there is no further possibility |
|
| | |
| | (a) | the decision to refuse the application, or |
|
| | (b) | any decision made on an appeal against that decision.’. |
|
| |
| | |
| Clause 38, page 49, line 19 , at end insert— |
|
| | ‘(4) | In subsection (2) the reference to the period mentioned in section 195J |
|
| | includes that period as extended by any order under section 195M.’. |
|
| |
| | |
| Clause 38, page 49, line 29, at end insert— |
|
| | ‘(3) | If such an application is made within that period and the application is |
|
| | refused, the property may be detained until there is no further possibility |
|
| | |
| | (a) | the decision to refuse the application, or |
|
| | (b) | any decision made on an appeal against that decision.’. |
|
| |
| | |
| Clause 38, page 49, line 42, leave out ‘free property held by the defendant’ and |
|
| insert ‘realisable property’. |
|
| |
| | |
| Clause 38, page 49, line 42, before ‘, and’ insert ‘other than exempt property |
|
| (within the meaning of section 195C(4))’. |
|
| |
| | |
| Clause 38, page 50, line 25, leave out paragraphs (b) and (c) and insert ‘or |
|
| | ( ) | any person affected by the order.’. |
|
|
|
| |
| |
|
| |
| | |
| Clause 38, page 51, line 7, at end insert— |
|
| | ‘( ) | a person mentioned in section 195M(3), or’. |
|
| |
| | |
| Clause 38, page 51, line 8, leave out paragraphs (a) and (b) and insert— |
|
| | ‘( ) | any person affected by the order.’. |
|
| |
| | |
| Clause 38, page 51, line 12, at end insert— |
|
| | ‘195OA | Detention of property pending section 195O appeal |
|
| | (1) | This section applies where— |
|
| | (a) | an application for an order under section 195M is made within |
|
| | the period mentioned in section 195J, and |
|
| | (b) | the application is refused. |
|
| | (2) | This section also applies where— |
|
| | (a) | an order is made under section 195M extending the period for |
|
| | which property may be detained under section 195J, and |
|
| | (b) | the order is discharged or varied so that detention of the property |
|
| | is no longer authorised by virtue of the order. |
|
| | (3) | The property may be detained until there is no further possibility of an |
|
| | appeal against the decision to refuse the application or discharge or vary |
|
| | the order (as the case may be).’. |
|
| |
| | |
| Clause 38, page 51, line 12, at end insert— |
|
| | ‘195OB | Hearsay evidence in detention order proceedings |
|
| | (1) | Evidence must not be excluded in detention order proceedings on the |
|
| | ground that it is hearsay (of whatever degree). |
|
| | (2) | Articles 4 and 5 of the Civil Evidence (Northern Ireland) Order 1997 |
|
| | apply in relation to detention order proceedings as those articles apply in |
|
| | relation to civil proceedings. |
|
| | (3) | Detention order proceedings are proceedings— |
|
| | (a) | for an order under section 195M; |
|
| | (b) | for the discharge or variation of such an order; |
|
| | (c) | on an appeal under section 195O. |
|
| | (4) | Hearsay is a statement which is made otherwise than by a person while |
|
| | giving oral evidence in the proceedings and which is tendered as |
|
| | evidence of the matters stated. |
|
| | (5) | Nothing in this section affects the admissibility of evidence which is |
|
| | admissible apart from this section.’. |
|
|
|
| |
| |
|
| |
| | |
| Clause 38, page 51, line 39, leave out subsection (3) and insert— |
|
| | ‘(3) | Omit section 194 (seizure).’. |
|
| |
| |
| | |
| Clause 39, page 52, line 26, leave out from ‘property’ to end of line 28. |
|
| |
| | |
| Clause 39, page 52, line 30, at end insert— |
|
| | ‘67AA | Costs of storage and realisation |
|
| | (1) | This section applies if a magistrates’ court makes an order under |
|
| | |
| | (2) | The court may determine an amount which may be recovered by the |
|
| | appropriate officer in respect of reasonable costs incurred in— |
|
| | (a) | storing or insuring the property since it was seized or produced |
|
| | as mentioned in subsection (1) of that section; |
|
| | (b) | realising the property. |
|
| | (3) | If the court makes a determination under this section the appropriate |
|
| | officer is entitled to payment of the amount under section 55(4). |
|
| | (4) | A determination under this section may be made on the same occasion as |
|
| | the section 67A order or on any later occasion; and more than one |
|
| | determination may be made in relation to any case. |
|
| | (5) | In this section “appropriate officer” has the same meaning as in section |
|
| | |
| |
| | |
| Clause 39, page 52, line 31, leave out ‘Section 67A’ and insert ‘Sections 67A and |
|
| |
| |
| | |
| Clause 39, page 52, line 36, at end insert— |
|
| | ‘“(3A) | An appropriate officer may appeal to the Crown Court against— |
|
| | (a) | a determination made by a magistrates’ court under section |
|
| | |
| | (b) | a decision by a magistrates’ court not to make a determination |
|
| | |
| |
| | |
| Clause 39, page 52, line 38, at end insert— |
|
|
|
| |
| |
|
| | ‘67C | Proceeds of realisation |
|
| | (1) | This section applies to sums which— |
|
| | (a) | are in the hands of an appropriate officer, and |
|
| | (b) | are the proceeds of the realisation of property under section 67A. |
|
| | (2) | The sums must be applied as follows— |
|
| | (a) | first, they must be applied in making any payments directed by |
|
| | the magistrates’ court or the Crown Court; |
|
| | (b) | second, they must be paid to the appropriate designated officer |
|
| | on account of the amount payable under the confiscation order. |
|
| | (3) | If the amount payable under the confiscation order has been fully paid |
|
| | and any sums remain in the appropriate officer’s hands, the appropriate |
|
| | officer must distribute them— |
|
| | (a) | among such persons who held (or hold) interests in the property |
|
| | represented by the proceeds as the magistrates’ court or the |
|
| | |
| | (b) | in such proportions as it directs. |
|
| | (4) | Before making a direction under subsection (3) the court must give |
|
| | persons who held (or hold) interests in the property a reasonable |
|
| | opportunity to make representations to it. |
|
| | (5) | If the magistrates’ court has made a direction under either of subsection |
|
| | (2)(a) or (3) in respect of the proceeds of realisation of any property, the |
|
| | Crown Court may not make a direction under either of those provisions |
|
| | in respect of the proceeds of realisation of that property; and vice versa. |
|
| | |
| | “appropriate officer” has the same meaning as in section 41A; |
|
| | “appropriate designated officer” means the designated officer for the |
|
| | magistrates’ court which, by virtue of section 35, is responsible for |
|
| | enforcing the confiscation order as if it were a fine.”’. |
|
| |
| | |
| Clause 39, page 52, line 41, leave out subsection (4). |
|
| |
| | |
| Clause 39, page 53, line 11, at end insert— |
|
| | ‘(5) | In section 55(4) (payment of sums received by designated officer under |
|
| | |
| | (a) | after “section 54” insert “or 67C”, |
|
| | (b) | in paragraph (b) for “the receiver” substitute “any receiver”, and |
|
| | (c) | after paragraph (b) insert— |
|
| | “(c) | third, in payment to an appropriate officer of any amount |
|
| | to which the officer is entitled by virtue of |
|
| | |
| |
|
|
| |
| |
|
| |
| | |
| Clause 40, page 53, line 33, leave out from ‘property’ to end of line 35. |
|
| |
| | |
| Clause 40, page 53, line 37, at end insert— |
|
| | ‘131AA | Costs of storage and realisation |
|
| | (1) | This section applies if the sheriff makes an order under section 131A. |
|
| | (2) | The sheriff may determine an amount which may be recovered by the |
|
| | appropriate officer in respect of reasonable costs incurred in— |
|
| | (a) | storing or insuring the property since it was seized or produced |
|
| | as mentioned in subsection (1) of that section; |
|
| | (b) | realising the property. |
|
| | (3) | If the sheriff makes a determination under this section the appropriate |
|
| | officer is entitled to payment of the amount under section 131(5A). |
|
| | (4) | A determination under this section may be made on the same occasion as |
|
| | the section 131A order or on any later occasion; and more than one |
|
| | determination may be made in relation to any case. |
|
| | (5) | In this section “appropriate officer” has the same meaning as in |
|
| | |
| |
| | |
| Clause 40, page 53, line 38, leave out ‘Section 131A’ and insert ‘Sections 131A |
|
| |
| |
| | |
| Clause 40, page 53, line 43, at end insert— |
|
| | ‘“(3A) | An appropriate officer may appeal to the Court of Session against— |
|
| | (a) | a determination made by a sheriff under section 131AA; |
|
| | (b) | a decision by a sheriff not to make a determination under that |
|
| | |
| |
| | |
| Clause 40, page 54, line 2, leave out ‘30’ and insert ‘21’. |
|
| |
| | |
| Clause 40, page 54, leave out line 5 and insert— |
|
| | ‘(a) | confirm, quash or vary the decision or (as the case may be) the |
|
| | |
| |
| | |
| Clause 40, page 54, line 8, at end insert— |
|
|