Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 5 — Proceeds of Crime
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(a)
an application by the prosecutor has been made under section
169, 170, 177 or 178 and not concluded, or the officer believes
that such an application is to be made, and
(b)
there is reasonable cause to believe that the defendant has
benefited from criminal conduct.
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(7)
The sixth condition is that—
(a)
an application by the prosecutor has been made under
section 171 and not concluded, or the officer believes that such
an application is to be made, and
(b)
there is reasonable cause to believe that the court will decide
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under that section that the amount found under the new
calculation of the defendant's benefit exceeds the relevant
amount (as defined in that section).
(8)
The seventh condition is that—
(a)
an application by the prosecutor has been made under
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section 172 and not concluded, or the officer believes that such
an application is to be made, and
(b)
there is reasonable cause to believe that the court will decide
under that section that the amount found under the new
calculation of the available amount exceeds the relevant
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amount (as defined in that section).
(9)
The third or fourth condition is not met if the officer believes that—
(a)
there has been undue delay in continuing the proceedings, or
(b)
the prosecutor does not intend to proceed.
(10)
If an application mentioned in the fifth, sixth or seventh condition has
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been made the condition is not met if the officer believes that—
(a)
there has been undue delay in continuing the application, or
(b)
the prosecutor does not intend to proceed.
(11)
In relation to the first or second condition references in sections 195C to
195R to the defendant are to the person mentioned in that condition.
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(12)
In relation to the first or second condition section 225(9) has effect as if
proceedings for the offence had been started against the defendant
when the investigation was started.
195C
Power to seize property
(1)
On being satisfied as mentioned in section 195B(1) an appropriate
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officer may seize any realisable property if the officer has reasonable
grounds for suspecting that—
(a)
the property may otherwise be made unavailable for satisfying
any confiscation order that has been or may be made against the
defendant, or
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(b)
the value of the property may otherwise be diminished as a
result of conduct by the defendant or any other person.
(2)
But the officer may not seize—
(a)
cash, or
(b)
exempt property.
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(3)
“Cash” has the same meaning as in section 289.

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(4)
“Exempt property” means—
(a)
such tools, books, vehicles and other items of equipment as are
necessary to the defendant for use personally in the defendant’s
employment, business or vocation;
(b)
such clothing, bedding, furniture, household equipment,
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provisions or other things as are necessary for satisfying the
basic domestic needs of the defendant and the defendant’s
family.
(5)
In relation to realisable property which is free property held by the
recipient of a tainted gift, references in subsection (4) to the defendant
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are to be read as references to the recipient of that gift.
(6)
The power conferred by this section—
(a)
may be exercised only with the appropriate approval under
section 195G unless, in the circumstances, it is not practicable to
obtain that approval before exercising the power, and
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(b)
is exercisable by an officer of Her Majesty’s Revenue and
Customs only if the officer has reasonable grounds for
suspecting that conduct constituting the relevant offence relates
to an assigned matter (within the meaning of the Customs and
Excise Management Act 1979).
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(7)
“Relevant offence” means—
(a)
in a case where the officer is satisfied that the first, second, third
or fourth condition in section 195B is met, the offence
mentioned in that condition,
(b)
in a case where the officer is satisfied that any of the other
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conditions in section 195B is met, the offence (or any of the
offences) concerned.
195D
Search power: premises
(1)
If an appropriate officer is lawfully on any premises the officer may
search the premises for the purpose of finding any property which—
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(a)
the officer has reasonable grounds for suspecting may be found
there, and
(b)
if found there, the officer intends to seize under section 195C.
(2)
The power conferred by this section may be exercised only with the
appropriate approval under section 195G unless, in the circumstances,
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it is not practicable to obtain that approval before exercising the power.
(3)
“Premises” has the meaning given by Article 25 of the Police and
Criminal Evidence (Northern Ireland) Order 1989.
195E
Search power: people
(1)
An appropriate officer may exercise the following powers if the officer
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has reasonable grounds for suspecting that a person is carrying
property that may be seized under section 195C.
(2)
The officer may, so far as the officer thinks it necessary or expedient for
the purpose of seizing the property under that section, require the
person—
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(a)
to permit a search of any article with the person,
(b)
to permit a search of the person.

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(3)
An officer exercising a power under subsection (2) may detain the
person for so long as is necessary for its exercise.
(4)
A power conferred by this section may be exercised only with the
appropriate approval under section 195G unless, in the circumstances,
it is not practicable to obtain that approval before exercising the power.
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(5)
This section does not require a person to submit to an intimate search
or strip search (within the meaning of section 164 of the Customs and
Excise Management Act 1979).
195F
Search power: vehicles
(1)
The powers specified in subsection (4) are exercisable if—
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(a)
an appropriate officer has reasonable grounds for suspecting
that a vehicle contains property that may be seized under
section 195C, and
(b)
it appears to the officer that the vehicle is under the control of a
person who is in or in the vicinity of the vehicle.
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(2)
The powers are exercisable only if the vehicle is—
(a)
in any place to which, at the time of the proposed exercise of the
powers, the public or any section of the public has access, on
payment or otherwise, as of right or by virtue of express or
implied permission, or
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(b)
in any other place to which at that time people have ready
access but which is not a dwelling.
(3)
But if the vehicle is in a garden or yard or other land occupied with and
used for the purposes of a dwelling, the officer may exercise the powers
under subsection (4) only if the officer has reasonable grounds for
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believing—
(a)
that the person does not reside in the dwelling, and
(b)
that the vehicle is not in the place in question with the express
or implied permission of another who resides in the dwelling.
(4)
The officer may, so far as the officer thinks it necessary or expedient for
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the purpose of seizing the property under section 195C, require the
person to—
(a)
permit entry to the vehicle,
(b)
permit a search of the vehicle.
(5)
An officer exercising a power under subsection (4) may detain the
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vehicle for so long as is necessary for its exercise.
(6)
A power conferred by this section may be exercised only with the
appropriate approval under section 195G unless, in the circumstances,
it is not practicable to obtain that approval before exercising the power.
195G
“Appropriate approval”
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(1)
This section has effect for the purposes of sections 195C, 195D, 195E
and 195F.
(2)
The appropriate approval, in relation to the exercise of a power by an
appropriate officer, means the approval of a lay magistrate or (if that is
not practicable in any case) the approval of a senior officer.
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(3)
A senior officer means—
(a)
in relation to the exercise of a power by an officer of Revenue
and Customs, an officer of Revenue and Customs of a rank
designated by the Commissioners for Her Majesty’s Revenue
and Customs as equivalent to that of a senior police officer,
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(b)
in relation to the exercise of a power by a constable, a senior
police officer,
(c)
in relation to the exercise of a power by an accredited financial
investigator, an accredited financial investigator who falls
within a description specified in an order made for this purpose
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by the Secretary of State under section 453.
(4)
A senior police officer means a police officer of at least the rank of
inspector.
195H
Exercise of powers without judicial approval
(1)
An appropriate officer must give a written report to the appointed
15
person in any case where—
(a)
the officer seizes property under section 195C without the
approval of a lay magistrate, and
(b)
any of the property seized is not detained for more than 48
hours.
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(2)
An appropriate officer must also give a written report to the appointed
person in any case where—
(a)
the officer exercises any of the powers conferred by sections
195D, 195E and 195F without the approval of a lay magistrate,
and
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(b)
no property is seized under section 195C.
(3)
A report under this section must give particulars of the circumstances
which led the officer to believe that—
(a)
the powers were exercisable, and
(b)
it was not practicable to obtain the approval of a lay magistrate.
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(4)
The appointed person means a person appointed for the purposes of
this subsection by the Secretary of State.
(5)
The appointed person must not be a person employed under or for the
purposes of a government department; and the terms and conditions of
appointment, including any remuneration or expenses to be paid, are
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to be determined by the Secretary of State.
(6)
The period of 48 hours mentioned in subsection (1)(b) is to be calculated
in accordance with subsection (7).
(7)
In calculating a period of 48 hours in accordance with this subsection,
no account is to be taken of—
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(a)
any Saturday or Sunday,
(b)
Christmas Day,
(c)
Good Friday, or
(d)
any day that is a bank holiday under the Banking and Financial
Dealings Act 1971 in Northern Ireland.
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