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
59

Policing and Crime Bill, continued

Clauses 63 to 76 Agreed to.

Mr Vernon Coaker

Agreed to  311

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

Mr Vernon Coaker

Agreed to  312

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

Mr Vernon Coaker

Agreed to  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.

(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.’.

Mr Vernon Coaker

Agreed to  314

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

Public Bill Committee Proceedings: 24 February 2009
60

Policing and Crime Bill, continued

‘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.”’.

Mr Vernon Coaker

Agreed to  315

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

provision’.

Mr Vernon Coaker

Agreed to  316

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

provision’.

Clause, as amended, Agreed to.

Clauses 78 to 85 Agreed to.

James Brokenshire

Mr David Ruffley

Negatived on division  343

Clause  86,  page  102,  line  13,  leave out subsections (7) and (8).

Mr Vernon Coaker

Agreed to  317

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

‘(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.’.

Clause, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  318

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

Public Bill Committee Proceedings: 24 February 2009
61

Policing and Crime Bill, continued

‘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;”’.

Mr Vernon Coaker

Agreed to  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”.’.

Mr Vernon Coaker

Agreed to  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”.’.

Mr Vernon Coaker

Agreed to  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”.’.

Mr Vernon Coaker

Agreed to  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);”’.

Public Bill Committee Proceedings: 24 February 2009
62

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  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,”.’.

Mr Vernon Coaker

Agreed to  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’.

Mr Vernon Coaker

Agreed to  325

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

sheriff’ and insert ‘a magistrates’ court’.

Mr Vernon Coaker

Agreed to  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.”’.

Mr Vernon Coaker

Agreed to  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”.’.

Mr Vernon Coaker

Agreed to  328

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

Mr Vernon Coaker

Agreed to  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.’.

Public Bill Committee Proceedings: 24 February 2009
63

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  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),”.’.

Mr Vernon Coaker

Agreed to  331

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

Crime Reduction Act 2006’.

Mr Vernon Coaker

Agreed to  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.’.

Mr Vernon Coaker

Agreed to  333

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

Schedule, as amended, Agreed to.

Mr Vernon Coaker

Agreed to  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.’.

Public Bill Committee Proceedings: 24 February 2009
64

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  335

Schedule  7,  page  152,  line  17,  at end insert—

‘In section 31—

(a)
in subsections (2) and (3), paragraph (b) and

the “, and” immediately before it, and

(b)
subsections (4) and (5).’.

Mr Vernon Coaker

Agreed to  336

Schedule  7,  page  152,  line  18,  at end insert—

‘Safeguarding Vulnerable Groups
In Article 33—

(Northern Ireland) Order 2007 (S.I.
(a)
in paragraphs (2) and (3), sub-paragraph (b)

2007/1351 (N.I. 11))
and the “, and” immediately before it, and

(b)
paragraphs (4) and (5).’.

Mr Vernon Coaker

Agreed to  337

Schedule  7,  page  152,  line  33,  leave out ‘, (8) and (11A)’ and insert ‘and (8)’.

Mr Vernon Coaker

Agreed to  338

Schedule  7,  page  152,  line  36,  at end insert—

‘In section 141, in subsection (11A) as inserted by

the Violent Crime Reduction Act 2006—

(a)
paragraph (b), and

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

Mr Vernon Coaker

Agreed to  339

Schedule  7,  page  152,  line  36,  at end insert—

‘In section 141, in subsection (11A) as inserted by

the Custodial Sentences and Weapons (Scotland) Act

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

Mr Vernon Coaker

Agreed to  340

Schedule  7,  page  153,  line  1,  leave out ‘141(11D)’ and insert ‘141, in subsection

(11D) as inserted by the Violent Crime Reduction Act 2006’.

Mr Vernon Coaker

Agreed to  341

Schedule  7,  page  153,  line  7,  at end insert—

‘In section 141, subsections (11C) to (11E) as

inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007.’.

Public Bill Committee Proceedings: 24 February 2009
65

Policing and Crime Bill, continued

Mr Vernon Coaker

Agreed to  342

Schedule  7,  page  153,  line  8,  omit the note.

Schedule, as amended, Agreed to.

Clauses 87 and 88 Agreed to.

[Adjourned until Thursday at 9.00 am.