Policing and Crime Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
28

36
Consultation by applicants for injunctions
(1)
Before applying for an injunction under section 35, the applicant must comply
with the consultation requirement.
(2)
In the case of an application by a chief officer of police, the consultation
requirement is that the chief officer (“the applicant chief officer”) must
5
consult—
(a)
any local authority that the applicant chief officer considers it would be
appropriate to consult, and
(b)
any other chief officer of police whom the applicant chief officer
considers it would be appropriate to consult.
10
(3)
In the case of an application by the chief constable of the British Transport
Police Force, the consultation requirement is that the constable must consult—
(a)
any local authority that the constable considers it would be appropriate
to consult, and
(b)
any chief officer of police whom the constable considers it would be
15
appropriate to consult.
(4)
In the case of an application by a local authority, the consultation requirement
is that the local authority (“the applicant local authority”) must consult—
(a)
any chief officer of police whom the applicant local authority considers
it would be appropriate to consult, and
20
(b)
any other local authority that the applicant local authority considers it
would be appropriate to consult.
37
Applications without notice
(1)
An application under section 35 may be made without the respondent being
given notice.
25
(2)
In this Part, such an application is referred to as an application without notice.
(3)
Section 36(1) does not apply in relation to an application without notice.
(4)
If an application without notice is made the court must either—
(a)
dismiss the application, or
(b)
adjourn the proceedings.
30
(5)
If the court acts under subsection (4)(b), the applicant must comply with the
consultation requirement before the date of the first full hearing.
(6)
In this section “full hearing” means a hearing of which notice has been given to
the applicant and respondent in accordance with rules of court.
Interim injunctions
35
38
Interim injunctions: adjournment of on notice hearing
(1)
This section applies if—
(a)
the court adjourns the hearing of an application for an injunction under
section 32, and
(b)
the respondent was notified of the hearing in accordance with rules of
40
court.

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
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(2)
The court may grant an interim injunction if the court thinks that it is just and
convenient to do so.
(3)
An interim injunction under this section may not include a prohibition or
requirement which is expressed to be in force until further order.
(4)
Except as provided by subsection (3), an interim injunction under this section
5
may include any provision which the court has power to include in an
injunction granted under section 32 (including a power of arrest).
39
Interim injunctions: adjournment of without notice hearing
(1)
This section applies if the court adjourns the hearing of an application without
notice under section 37(4)(b).
10
(2)
The court may grant an interim injunction if it thinks that it is necessary to do
so.
(3)
An interim injunction under this section may not—
(a)
include a prohibition or requirement which is expressed to be in force
until further order, or
15
(b)
have the effect of requiring the respondent to participate in particular
activities.
(4)
Except as provided by subsection (3), an interim injunction under this section
may include any provision which the court has power to include in an
injunction granted under section 32 (including a power of arrest).
20
Variation and discharge
40
Variation or discharge of injunctions
(1)
The court may vary or discharge an injunction under this Part if—
(a)
a review hearing is held, or
(b)
an application to vary or discharge the injunction is made.
25
(2)
An application to vary or discharge the injunction may be made by—
(a)
the person who applied for the injunction;
(b)
the respondent.
(3)
Before applying for the variation or discharge of an injunction, a person
mentioned in subsection (2)(a) must notify the persons consulted under section
30
36(1) or 37(5).
Arrest and remand
41
Arrest without warrant
(1)
This section applies if a power of arrest is attached to a provision of an
injunction under this Part.
35
(2)
A constable may arrest without warrant a person whom the constable has
reasonable cause to suspect to be in breach of the provision.
(3)
If a constable arrests a person under subsection (2), the constable must inform
the person who applied for the injunction.

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
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(4)
A person arrested under subsection (2) must be brought before a relevant judge
within the period of 24 hours beginning with the time of the arrest.
(5)
If the matter is not disposed of when the person is brought before the judge, the
judge may remand the person.
(6)
In calculating when the period of 24 hours mentioned in subsection (4) ends,
5
Christmas Day, Good Friday and any Sunday are to be disregarded.
(7)
In this Part “relevant judge”, in relation to an injunction, means—
(a)
where the injunction was granted by the High Court, a judge of that
court;
(b)
where the injunction was granted by a county court, a judge or district
10
judge of that or any other county court.
42
Issue of warrant of arrest
(1)
This section applies in relation to an injunction under this Part.
(2)
If the person who applied for the injunction considers that the respondent is in
breach of any of its provisions, the person may apply to a relevant judge for the
15
issue of a warrant for the arrest of the respondent.
(3)
A relevant judge may not issue a warrant on an application under subsection
(2) unless the judge has reasonable grounds for believing that the respondent
is in breach of any provision of the injunction.
(4)
If a person is brought before a court by virtue of a warrant under subsection
20
(3), but the matter is not disposed of, the court may remand the person.
43
Remand for medical examination and report
(1)
This section applies in relation to a person who is brought before the relevant
judge or the court under section 41 or 42.
(2)
If the relevant judge or the court has reason to consider that a medical report
25
will be required, the judge or the court may remand the person under section
41(5) or (as the case may be) 42(4) for the purpose of enabling a medical
examination to take place and a report to be made.
(3)
If the person is remanded in custody for that purpose, the adjournment may
not be for more than 3 weeks at a time.
30
(4)
If the person is remanded on bail for that purpose, the adjournment may not
be for more than 4 weeks at a time.
(5)
If the relevant judge or the court has reason to suspect that the person is
suffering from a mental disorder within the meaning of the Mental Health Act
1983, the judge or the court has the same power to make an order under section
35
35 of that Act (remand for report on accused’s medical condition) as the Crown
Court has under that section in the case of an accused person (within the
meaning of that section).
44
Further provision about remands
Schedule 5 (which makes further provision about the remand of a person
40
under sections 41(5) and 42(4)) has effect.

Policing and Crime Bill
Part 4 — Injunctions: gang-related violence
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Miscellaneous
45
Guidance
(1)
The Secretary of State must issue guidance relating to injunctions under this
Part.
(2)
The Secretary of State may revise any guidance issued under subsection (1).
5
(3)
The Secretary of State must publish any guidance issued or revised under this
section.
(4)
Each of the following must have regard to any guidance published under
subsection (3)—
(a)
a chief officer of police for a police area;
10
(b)
the chief constable of the British Transport Police Force;
(c)
a local authority.
46
Supplemental
(1)
Rules of court may provide that any power conferred on a county court to
grant, vary or discharge an injunction under this Part may be exercised by a
15
judge or district judge of that court.
(2)
Rules of court may provide that an appeal from a decision of the High Court or
county court to which this subsection applies may be made without notice
being given to the respondent.
(3)
Subsection (2) applies to a decision to refuse to grant an interim injunction
20
under section 39.
47
Interpretation
(1)
In this Part—
“application without notice” has the meaning given by section 37(2);
“court” means the High Court or a county court;
25
“local authority” has the meaning given by section 35(2);
“relevant judge” has the meaning given by section 41(7);
“respondent” means the person in respect of whom an application for an
injunction is made or (as the context requires) the person against whom
such an injunction is granted;
30
“review hearing” has the meaning given by section 34(4);
“specify”, in relation to an injunction, means specify in the injunction;
“violence” includes violence against property.
(2)
Any reference in this Part to an injunction under this Part includes a reference
to an interim injunction.
35

Policing and Crime Bill
Part 5 — Proceeds of Crime
32

Part 5
Proceeds of Crime
Confiscation
48
Recovery of expenses etc
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
5
(2)
In section 55 (sums received by designated officer in England and Wales) for
subsection (7) substitute—
“(7)
Subsection (4) does not apply in relation to the remuneration of a
receiver if the receiver is a person falling within subsection (8).
(8)
The following fall within this subsection—
10
(a)
a constable,
(b)
a person employed by a police authority in England and Wales
under section 15 of the Police Act 1996 or a member of staff of
the City of London police force,
(c)
an accredited financial investigator,
15
(d)
a member of staff of the Crown Prosecution Service,
(e)
a member of staff of the Serious Fraud Office,
(f)
a member of staff of the Revenue and Customs Prosecutions
Office,
(g)
a member of staff of the Commissioners for Her Majesty’s
20
Revenue and Customs,
(h)
a member of staff of SOCA,
(i)
a member of staff of any government department not
mentioned above.
(9)
It is immaterial for the purposes of subsection (7) whether a person falls
25
within subsection (8) by virtue of a permanent or temporary
appointment or a secondment from elsewhere.
(10)
The reference in subsection (8) to an accredited financial investigator is
a reference to an accredited financial investigator who falls within a
description specified in an order made for the purposes of that
30
subsection by the Secretary of State under section 453.”
(3)
In section 203 (sums received by chief clerk in Northern Ireland) for subsection
(7) substitute—
“(7)
Subsection (4) does not apply in relation to the remuneration of a
receiver if the receiver is a person falling within subsection (8).
35
(8)
The following fall within this subsection—
(a)
a constable,
(b)
a member of staff of the Northern Ireland Policing Board,
(c)
an accredited financial investigator,
(d)
a member of staff of the Public Prosecution Service for Northern
40
Ireland,
(e)
a member of staff of the Serious Fraud Office,
(f)
a member of staff of a Northern Ireland department,

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Part 5 — Proceeds of Crime
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(g)
a member of staff of the Commissioners for Her Majesty’s
Revenue and Customs,
(h)
a member of staff of SOCA.
(9)
It is immaterial for the purposes of subsection (7) whether a person falls
within subsection (8) by virtue of a permanent or temporary
5
appointment or a secondment from elsewhere.
(10)
The reference in subsection (8) to an accredited financial investigator is
a reference to an accredited financial investigator who falls within a
description specified in an order made for the purposes of that
subsection by the Secretary of State under section 453.”
10
49
Power to retain seized property: England and Wales
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 41 insert—
“41A
Restraint orders: power to retain seized property etc.
(1)
A restraint order may include provision authorising the detention of
15
any property to which it applies if the property—
(a)
is seized by an appropriate officer under a relevant seizure
power, or
(b)
is produced to an appropriate officer in compliance with a
production order under section 345.
20
(2)
Provision under subsection (1) may, in particular—
(a)
relate to specified property, to property of a specified
description or to all property to which the restraint order
applies;
(b)
relate to property that has already been seized or produced or
25
to property that may be seized or produced in future.
(3)
“Appropriate officer” means—
(a)
an accredited financial investigator;
(b)
a constable;
(c)
an officer of Revenue and Customs;
30
(d)
a member of staff of SOCA;
(e)
a member of staff of the relevant director (within the meaning
of section 352(5A)).
(4)
“Relevant seizure power” means a power to seize property which is
conferred by or by virtue of—
35
(a)
section 45,
(b)
section 47C,
(c)
section 352, or
(d)
Part 2 or 3 of the Police and Criminal Evidence Act 1984
(including as applied by order under section 114(2) of that Act).
40
(5)
The Secretary of State may by order amend the definition of “relevant
seizure power”.”

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Part 5 — Proceeds of Crime
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(3)
After section 44 insert—
“44A
Detention of property pending appeal
(1)
This section applies where—
(a)
a restraint order includes provision under section 41A
authorising the detention of property, and
5
(b)
the restraint order is discharged under section 42(5) or 43(3)(b).
(2)
This section also applies where—
(a)
a restraint order includes provision under section 41A
authorising the detention of property, and
(b)
the restraint order is varied under section 42(5) or 43(3)(b) so as
10
to omit any such provision.
(3)
The property may be detained until there is no further possibility of an
appeal against—
(a)
the decision to discharge or vary the restraint order, or
(b)
any decision made on an appeal against that decision.”
15
50
Power to retain seized property: Scotland
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 120 insert—
“120A
Restraint orders: power to retain seized property etc.
(1)
A restraint order may include provision authorising the detention of
20
any property to which it applies if the property—
(a)
is seized by an appropriate officer under a relevant seizure
power, or
(b)
is produced to an appropriate officer in compliance with a
production order under section 380.
25
(2)
Provision under subsection (1) may, in particular—
(a)
relate to specified property, to property of a specified
description or to all property to which the restraint order
applies;
(b)
relate to property that has already been seized or produced or
30
to property that may be seized or produced in future.
(3)
“Appropriate officer” means—
(a)
a constable;
(b)
an officer of Revenue and Customs;
(c)
a member of staff of SOCA.
35
(4)
“Relevant seizure power” means a power to seize property conferred
by or by virtue of—
(a)
section 126, 127C or 387,
(b)
a warrant granted under any other enactment or any rule of
law, or
40
(c)
any other enactment, or any rule of law, under which the
authority of a warrant is not required.”