House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 24 February 2009
45

Policing and Crime Bill, continued

(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

Agreed to  271

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

Mr Vernon Coaker

Agreed to  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.”’.

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  273

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

Mr Vernon Coaker

Agreed to  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.

Public Bill Committee Proceedings: 24 February 2009
46

Policing and Crime Bill, continued

(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

Agreed to  275

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

and 131AA’.

Mr Vernon Coaker

Agreed to  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

Agreed to  277

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

Mr Vernon Coaker

Agreed to  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

Agreed to  279

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

‘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—

Public Bill Committee Proceedings: 24 February 2009
47

Policing and Crime Bill, continued

(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

Agreed to  280

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

Mr Vernon Coaker

Agreed to  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.”’.

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  282

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

Mr Vernon Coaker

Agreed to  283

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

Mr Vernon Coaker

Agreed to  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—

Public Bill Committee Proceedings: 24 February 2009
48

Policing and Crime Bill, continued

(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

Agreed to  285

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

and 215AA’.

Mr Vernon Coaker

Agreed to  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

Agreed to  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—

(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.

Public Bill Committee Proceedings: 24 February 2009
49

Policing and Crime Bill, continued

(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

Agreed to  288

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

Mr Vernon Coaker

Agreed to  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.”’.

Clause, as amended, Agreed to.

Clauses 42 to 47 Agreed to.

James Brokenshire

Mr David Ruffley

Not called  124

Page  56,  line  4,  leave out Clause 43.

James Brokenshire

Mr David Ruffley

Not called  125

Page  57,  line  29,  leave out Clause 46.

James Brokenshire

Mr David Ruffley

Withdrawn  252

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

Clause Agreed to.

Public Bill Committee Proceedings: 24 February 2009
50

Policing and Crime Bill, continued

Clause 49 Agreed to.

Mr Vernon Coaker

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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),


were a reference to six months.’.

Public Bill Committee Proceedings: 24 February 2009
51

Policing and Crime Bill, continued

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  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.’.

Clause, as amended, Agreed to.