Public Bill Committee: 24 February 2009

254

Policing and Crime Bill, continued

Mr Vernon Coaker

264

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

195C(1).’.

Mr Vernon Coaker

202

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

of an appeal against—

(a)	the decision to refuse the application, or

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

Mr Vernon Coaker

203

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.’.

Mr Vernon Coaker

204

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

of an appeal against—

(a)	the decision to refuse the application, or

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

Mr Vernon Coaker

205

Clause  38,  page  49,  line  42,  leave out ‘free property held by the defendant’ and

insert ‘realisable property’.

Mr Vernon Coaker

206

Clause  38,  page  49,  line  42,  before ‘, and’ insert ‘other than exempt property

(within the meaning of section 195C(4))’.

Mr Vernon Coaker

207

Clause  38,  page  50,  line  25,  leave out paragraphs (b) and (c) and insert ‘or

( )	any person affected by the order.’.

Public Bill Committee: 24 February 2009

255

Policing and Crime Bill, continued

Mr Vernon Coaker

208

Clause  38,  page  51,  line  7,  at end insert—

‘( )	a person mentioned in section 195M(3), or’.

Mr Vernon Coaker

209

Clause  38,  page  51,  line  8,  leave out paragraphs (a) and (b) and insert—

‘( )	any person affected by the order.’.

Mr Vernon Coaker

210

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).’.

Mr Vernon Coaker

265

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.’.

Public Bill Committee: 24 February 2009

256

Policing and Crime Bill, continued

Mr Vernon Coaker

211

Clause  38,  page  51,  line  39,  leave out subsection (3) and insert—

‘(3)	Omit section 194 (seizure).’.

Mr Vernon Coaker

266

Clause  39,  page  52,  line  26,  leave out from ‘property’ to end of line 28.

Mr Vernon Coaker

267

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

section 67A.

(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

41A.’.

Mr Vernon Coaker

268

Clause  39,  page  52,  line  31,  leave out ‘Section 67A’ and insert ‘Sections 67A and

67AA’.

Mr Vernon Coaker

269

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

67AA;

(b)	a decision by a magistrates’ court not to make a determination

under that section.”’.

Mr Vernon Coaker

270

Clause  39,  page  52,  line  38,  at end insert—

Public Bill Committee: 24 February 2009

257

Policing and Crime Bill, continued

‘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

Crown Court directs, and

(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.

(6)	In this section—

“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.”’.

Mr Vernon Coaker

271

Clause  39,  page  52,  line  41,  leave out subsection (4).

Mr Vernon Coaker

272

Clause  39,  page  53,  line  11,  at end insert—

‘(5)	In section 55(4) (payment of sums received by designated officer under

section 54)—

(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

section 67AA.”’.

Public Bill Committee: 24 February 2009

258

Policing and Crime Bill, continued

Mr Vernon Coaker

273

Clause  40,  page  53,  line  33,  leave out from ‘property’ to end of line 35.

Mr Vernon Coaker

274

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

section 120A.’.

Mr Vernon Coaker

275

Clause  40,  page  53,  line  38,  leave out ‘Section 131A’ and insert ‘Sections 131A

and 131AA’.

Mr Vernon Coaker

276

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

section.”’.

Mr Vernon Coaker

277

Clause  40,  page  54,  line  2,  leave out ‘30’ and insert ‘21’.

Mr Vernon Coaker

278

Clause  40,  page  54,  leave out line 5 and insert—

‘(a)	confirm, quash or vary the decision or (as the case may be) the

order, or’.

Mr Vernon Coaker

279

Clause  40,  page  54,  line  8,  at end insert—

---

Revised 24 February 2009