House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 February 2009
259

Policing and Crime Bill, continued

‘131C
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 131A.

(2)
The sums must be applied as follows—

(a)
first, they must be applied in making any payments directed by

the sheriff;

(b)
second, they must be paid to the appropriate clerk of court 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 sheriff directs, and

(b)
in such proportions as it directs.

(4)
Before making a direction under subsection (3) the sheriff must give

persons who held (or hold) interests in the property a reasonable

opportunity to make representations to the sheriff.

(5)
In this section—

(a)
“appropriate officer” has the same meaning as in section 120A;

(b)
“appropriate clerk of court” means the sheriff clerk of the sheriff

court responsible for enforcing the confiscation order under

section 211 of the Procedure Act as applied by section 118(1).”’.

Mr Vernon Coaker

280

Clause  40,  page  54,  line  9,  leave out subsection (3).

Mr Vernon Coaker

281

Clause  40,  page  54,  line  10,  at end insert—

‘(4)
In section 131 (sums received by clerk of court)—

(a)
in subsection (5) after “130” insert “or 131C”, and

(b)
after subsection (5) insert—

“(5A)
If the clerk of court received the sums from an appropriate officer

under section 130 or 131C, the clerk of court must next apply

them in payment to an appropriate officer of any amount to

which the officer is entitled by virtue of section 131AA.”’.

Mr Vernon Coaker

282

Clause  41,  page  54,  line  31,  leave out from ‘property’ to end of line 33.

Public Bill Committee: 24 February 2009
260

Policing and Crime Bill, continued

Mr Vernon Coaker

283

Clause  41,  page  54,  line  36,  leave out from ‘section 190A’ to end of line 38.

Mr Vernon Coaker

284

Clause  41,  page  54,  line  38,  at end insert—

‘215AA
Costs of storage and realisation

(1)
This section applies if a magistrates’ court makes an order under

section 215A.

(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 203(4).

(4)
A determination under this section may be made on the same occasion as

the section 215A 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 190A.’.

Mr Vernon Coaker

285

Clause  41,  page  54,  line  39,  leave out ‘Section 215A’ and insert ‘Sections 215A

and 215AA’.

Mr Vernon Coaker

286

Clause  41,  page  55,  line  1,  at end insert—

‘“(3A)
An appropriate officer may appeal to a county court against—

(a)
a determination made by a magistrates’ court under section

215AA;

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

under that section.”’.

Mr Vernon Coaker

287

Clause  41,  page  55,  line  3,  at end insert—

‘215C
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 215A.

(2)
The sums must be applied as follows—

Public Bill Committee: 24 February 2009
261

Policing and Crime Bill, continued

(a)
first, they must be applied in making any payments directed by

the magistrates’ court;

(b)
second, they must be paid to the appropriate chief clerk 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 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)
In this section—

“appropriate officer” has the same meaning as in section 190A, and

“appropriate chief clerk” has the same meaning as in section 202(7).”’.

Mr Vernon Coaker

288

Clause  41,  page  55,  line  6,  leave out subsection (4).

Mr Vernon Coaker

289

Clause  41,  page  55,  line  18,  at end insert—

‘(5)
In section 203(4) (payment of sums received by chief clerk under section 202)—

(a)
after “section 202” insert “or 215C”,

(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 215AA.”’.

James Brokenshire

Mr David Ruffley

124

Page  56,  line  4,  leave out Clause 43.

James Brokenshire

Mr David Ruffley

125

Page  57,  line  29,  leave out Clause 46.

Public Bill Committee: 24 February 2009
262

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

252

Clause  48,  page  62,  line  1,  leave out subsection (2).

Mr Vernon Coaker

212

Clause  50,  page  63,  line  6,  leave out from ‘if’ to ‘is charged’ in line 8 and insert ‘—

(a)
a person has been brought before the appropriate judge under section 4(3)

or 6(2) but the extradition hearing has not begun; and

(b)
the judge is informed that the person’.

Mr Vernon Coaker

213

Clause  50,  page  63,  line  9,  leave out ‘on the Part 1 warrant to be deferred’ and

insert ‘in respect of the extradition to be adjourned’.

Mr Vernon Coaker

214

Clause  50,  page  63,  line  18,  leave out ‘on the Part 1 warrant to be deferred’ and

insert ‘in respect of the extradition to be adjourned’.

Mr Vernon Coaker

215

Clause  50,  page  63,  line  23,  leave out from ‘if’ to ‘is in custody’ in line 25 and

insert ‘—

(a)
a person has been brought before the appropriate judge under section 4(3)

or 6(2) but the extradition hearing has not begun; and

(b)
the judge is informed that the person’.

Mr Vernon Coaker

216

Clause  50,  page  63,  line  27,  leave out ‘on the Part 1 warrant to be deferred’ and

insert ‘in respect of the extradition to be adjourned’.

Mr Vernon Coaker

217

Clause  50,  page  63,  line  29,  after ‘otherwise).’ insert—

‘(3)
In a case where further proceedings in respect of the extradition are adjourned

under subsection (2)—

(a)
section 131 of the Magistrates’ Courts Act 1980 (remand of accused

already in custody) has effect as if a reference to 28 clear days in

subsection (1) or (2) of that section were a reference to six months;

(b)
Article 47(2) of the Magistrates’ Courts (Northern Ireland) Order 1981

(period of remand in custody) has effect as if a reference to 28 days in—

(i)
sub-paragraph (a)(iii), or

(ii)
the words after sub-paragraph (b),

Public Bill Committee: 24 February 2009
263

Policing and Crime Bill, continued


were a reference to six months.’.

Mr Vernon Coaker

218

Clause  51,  page  63,  line  34,  leave out from ‘if’ to ‘is charged’ in line 35 and insert

‘—

(a)
a person has been brought before the appropriate judge under section

72(3) or 74(3) but the extradition hearing has not begun; and

(b)
the judge is informed that the person’.

Mr Vernon Coaker

219

Clause  51,  page  63,  line  37,  leave out ‘on the request to be deferred’ and insert ‘in

respect of the extradition to be adjourned’.

Mr Vernon Coaker

220

Clause  51,  page  64,  line  3,  leave out ‘on the request to be deferred’ and insert ‘in

respect of the extradition to be adjourned’.

Mr Vernon Coaker

221

Clause  51,  page  64,  line  8,  leave out from ‘if’ to ‘is in custody’ in line 9 and insert

‘—

(a)
a person has been brought before the appropriate judge under section

72(3) or 74(3) but the extradition hearing has not begun; and

(b)
the judge is informed that the person’.

Mr Vernon Coaker

222

Clause  51,  page  64,  line  12,  leave out ‘on the request to be deferred’ and insert ‘in

respect of the extradition to be adjourned’.

Mr Vernon Coaker

223

Clause  51,  page  64,  line  14,  after ‘otherwise).’ insert—

‘(3)
In a case where further proceedings in respect of the extradition are adjourned

under subsection (2)—

(a)
section 131 of the Magistrates’ Courts Act 1980 (remand of accused

already in custody) has effect as if a reference to 28 clear days in

subsection (1) or (2) of that section were a reference to six months;

(b)
Article 47(2) of the Magistrates’ Courts (Northern Ireland) Order 1981

(period of remand in custody) has effect as if a reference to 28 days in—

(i)
sub-paragraph (a)(iii), or

(ii)
the words after sub-paragraph (b),


were a reference to six months.’.

Public Bill Committee: 24 February 2009
264

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

253

Clause  53,  page  65,  line  27,  at end insert ‘save that time during which the person

was outside the United Kingdom shall be disregarded for the purposes of consideration

for parole or early release in any event.’.

Mr Vernon Coaker

224

Clause  53,  page  66,  line  6,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

225

Clause  53,  page  66,  line  11,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences‘) Act 1995, Article 26 of the Criminal Justice

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

James Brokenshire

Mr David Ruffley

254

Clause  54,  page  66,  line  32,  at end insert ‘save that time during which the person

was outside the United Kingdom shall be disregarded for the purposes of consideration

for parole or early release in any event.’.

Mr Vernon Coaker

226

Clause  54,  page  67,  line  8,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

227

Clause  54,  page  67,  line  13,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences) Act 1995, Article 26 of the Criminal Justice

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

Public Bill Committee: 24 February 2009
265

Policing and Crime Bill, continued

Mr Vernon Coaker

228

Clause  55,  page  69,  line  3,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

229

Clause  55,  page  69,  line  8,  at end insert—

‘(iii)
a duty to release the person under section 1, 1AA or 7(1) of the

Prisoners and Criminal Proceedings (Scotland) Act 1993 or

section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and

Weapons (Scotland) Act 2007, or

(iv)
a duty to release the person under section 1 of the Northern

Ireland (Remission of Sentences) Act 1995, Article 26 of the

Criminal Justice (Northern Ireland) Order 1996 or Article 17 or

18(8) of the Criminal Justice (Northern Ireland) Order 2008;’.

Dr Evan Harris

Paul Holmes

72

Clause  55,  page  70,  line  3,  leave out ‘the Secretary of State is not satisfied that the

return is compatible’ and insert ‘to do so would be incompatible’.

Dr Evan Harris

Paul Holmes

73

Clause  55,  page  70,  line  5,  after ‘1998’, insert ‘or any other international treaty

which the United Kingdom is a party to or would be contrary to the interests of justice.’.

Dr Evan Harris

Paul Holmes

74

Clause  55,  page  70,  line  5,  at end insert—

‘(1A)
If subsection (1) applies—

(a)
an undertaking to return a person to a territory given under section 153A

or 153C, and

(b)
any power given under section 153A and 153C by reference to the

undertaking are of no effect.’.

Mr Vernon Coaker

230

Clause  58,  page  71,  leave out lines 18 and 19 and insert—

‘(2)
For subsections (2) and (3) substitute—

“(2)
The person must be brought before the appropriate judge within 48 hours

starting with the time when the person is arrested.

(2A)
The documents specified in subsection (4) must be produced to the judge

within 48 hours starting with the time when the person is arrested but this

is subject to any extension under subsection (3B).