Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

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195I
Report by appointed person on exercise of powers
(1)
As soon as possible after the end of each financial year, the person
appointed under section 195H(4) must prepare a report for that year.
(2)
“Financial year” means—
(a)
the period beginning with the day on which this section comes
5
into force and ending with the next 31 March (which is the first
financial year), and
(b)
each subsequent period of twelve months beginning with 1
April.
(3)
The report must give the appointed person’s opinion as to the
10
circumstances and manner in which the powers conferred by sections
195C, 195D, 195E and 195F are being exercised in cases where the
officer who exercised them is required to give a report under
section 195H.
(4)
The report may make any recommendations the appointed person
15
considers appropriate.
(5)
The appointed person must send a copy of the report to the Secretary
of State.
(6)
The Secretary of State must—
(a)
publish any report received under subsection (5), and
20
(b)
lay a copy before Parliament.
(7)
Before acting under subsection (6) the Secretary of State must exclude
from the report any matter which the Secretary of State thinks is likely
to prejudice any criminal investigation or criminal proceedings.
(8)
If the Secretary of State excludes any matter from the report the
25
Secretary of State must comply with subsection (6) in relation to the
whole of the report as soon as the Secretary of State thinks that the
excluded matter is no longer likely to prejudice any criminal
investigation or criminal proceedings.
195J
Initial detention of seized property
30
(1)
This section applies if an appropriate officer seizes property under
section 195C.
(2)
The property may be detained initially for a period of 48 hours.
(3)
But it must be released if within that period the appropriate officer—
(a)
ceases to be satisfied as mentioned in section 195B(1), or
35
(b)
ceases to have reasonable grounds for the suspicion mentioned
in section 195C(1).
(4)
The period of 48 hours is to be calculated in accordance with
section 195H(7).
195K
Further detention pending making of restraint order
40
(1)
This section applies if—
(a)
property is detained under section 195J, and
(b)
no restraint order is in force in respect of the property.

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(2)
If within the period mentioned in section 195J an application is made
for a restraint order which includes provision under section 190A
authorising detention of the property, the property may be detained
until the application is determined or otherwise disposed of.
(3)
If such an application is made within that period and the application is
5
refused, the property may be detained until there is no further
possibility of an appeal against—
(a)
the decision to refuse the application, or
(b)
any decision made on an appeal against that decision.
(4)
In subsection (2) the reference to the period mentioned in section 195J
10
includes that period as extended by any order under section 195M.
195L
Further detention pending variation of restraint order
(1)
This section applies if—
(a)
property is detained under section 195J,
(b)
a restraint order is in force in respect of the property, and
15
(c)
the order does not include provision under section 190A
authorising the detention of the property.
(2)
If within the period mentioned in section 195J an application is made
for the order to be varied so as to include provision under section 190A
authorising detention of the property, the property may be detained
20
until the application is determined or otherwise disposed of.
(3)
If such an application is made within that period and the application is
refused, the property may be detained until there is no further
possibility of an appeal against—
(a)
the decision to refuse the application, or
25
(b)
any decision made on an appeal against that decision.
195M
Further detention in other cases
(1)
This section applies if—
(a)
property is detained under section 195J,
(b)
no restraint order is in force in respect of the property, and
30
(c)
no application has been made for a restraint order which
includes provision under section 190A authorising detention of
the property.
(2)
A magistrates' court may by order extend the period for which the
property or any part of it may be detained under section 195J if satisfied
35
that—
(a)
any of the conditions in section 195B is met (reading references
in that section to the officer as references to the court),
(b)
the property or part is realisable property other than exempt
property (within the meaning of section 195C(4)), and
40
(c)
there are reasonable grounds for suspecting that—
(i)
the property may otherwise be made unavailable for
satisfying any confiscation order that has been or may
be made against the defendant, or
(ii)
the value of the property may otherwise be diminished
45
as a result of conduct by the defendant or any other
person.

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(3)
An application for an order may be made by—
(a)
the Commissioners for Her Majesty's Revenue and Customs,
(b)
a constable,
(c)
an accredited financial investigator, or
(d)
the prosecutor.
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(4)
If the property was seized in reliance on the first or second condition in
section 195B, “the prosecutor” means a person who is to have conduct
of any proceedings for the offence.
(5)
A lay magistrate may also exercise the power of a magistrates' court
under this section and section 195N.
10
(6)
An order under this section must provide for notice to be given to
persons affected by it.
(7)
In this section “part” includes portion.
195N
Discharge, variation and lapse of detention order
(1)
An order under section 195N may be discharged or varied.
15
(2)
An application for variation or discharge of the order may be
made by—
(a)
a person mentioned in section 195M(3), or
(b)
any person affected by the order.
(3)
On an application under this section the court must discharge the order
20
if—
(a)
the order was made on the ground that the first or second
condition in section 195B was met but proceedings for the
offence mentioned in that condition have not been started
within a reasonable time,
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(b)
the order was made on the ground that the third or fourth
condition in section 195B was met but proceedings for the
offence mentioned in that condition have now been concluded,
(c)
the order was made on the ground that the fifth, sixth or
seventh condition in section 195B was met but the application
30
mentioned in that condition has now been concluded or, as the
case may be, has not been made within a reasonable time.
(4)
An order made under section 195M lapses if a restraint order is made
in respect of the property to which it relates (but provision authorising
detention of the property may have been included in the restraint order
35
by virtue of section 190A).
195O
Appeals
(1)
If on an application for an order under section 195M the court decides
not to make one, a person mentioned in subsection (3) of that section
may appeal to the county court against the decision.
40
(2)
If an application is made under section 195N in relation to an order the
following persons may appeal to the county court in respect of the
magistrates’ court’s decision on the application—
(a)
a person mentioned in section 195M(3), or
(b)
any person affected by the order.
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(3)
If a lay magistrate decided the original application references in this
section to a magistrates’ court are to be read as references to the lay
magistrate.
195P
Detention of property pending section 195O appeal
(1)
This section applies where—
5
(a)
an application for an order under section 195M is made within
the period mentioned in section 195J, and
(b)
the application is refused.
(2)
This section also applies where—
(a)
an order is made under section 195M extending the period for
10
which property may be detained under section 195J, and
(b)
the order is discharged or varied so that detention of the
property is no longer authorised by virtue of the order.
(3)
The property may be detained until there is no further possibility of an
appeal against the decision to refuse the application or discharge or
15
vary the order (as the case may be).
195Q
Hearsay evidence in detention order proceedings
(1)
Evidence must not be excluded in detention order proceedings on the
ground that it is hearsay (of whatever degree).
(2)
Articles 4 and 5 of the Civil Evidence (Northern Ireland) Order 1997
20
apply in relation to detention order proceedings as those articles apply
in relation to civil proceedings.
(3)
Detention order proceedings are proceedings—
(a)
for an order under section 195M;
(b)
for the discharge or variation of such an order;
25
(c)
on an appeal under section 195O.
(4)
Hearsay is a statement which is made otherwise than by a person while
giving oral evidence in the proceedings and which is tendered as
evidence of the matters stated.
(5)
Nothing in this section affects the admissibility of evidence which is
30
admissible apart from this section.
195R
Codes of practice
(1)
The Secretary of State must make a code of practice in connection
with—
(a)
the carrying out by appropriate officers of the functions
35
conferred by section 195C to 195H,
(b)
the carrying out by senior officers of their functions under
section 195G, and
(c)
the detention of property under or by virtue of sections 190A
and 195J to 195M.
40
(2)
Where the Secretary of State proposes to issue a code of practice the
Secretary of State must—
(a)
publish a draft,
(b)
consider any representations made about the draft,

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(c)
if the Secretary of State thinks appropriate, modify the draft in
the light of any such representations.
(3)
The Secretary of State must lay a draft of the code before Parliament.
(4)
When the Secretary of State has laid a draft of the code before
Parliament the Secretary of State may bring it into operation by order.
5
(5)
The Secretary of State may revise the whole or any part of the code and
issue the code as revised; and subsections (2) to (4) apply to such a
revised code as they apply to the original code.
(6)
A failure by a person to comply with a provision of the code does not
of itself make the person liable to criminal or civil proceedings.
10
(7)
The code is admissible in evidence in criminal or civil proceedings and
is to be taken into account by a court or tribunal in any case in which it
appears to the court or tribunal to be relevant.”
(3)
Omit section 194 (seizure).
(4)
In section 217 (powers of court and receiver)—
15
(a)
in subsection (1) after paragraph (b) insert—
“(c)
the powers conferred on appropriate officers by sections
195C to 195L;
(d)
the powers conferred on senior officers by section
195G.”
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(b)
at the end of the heading insert “etc”.
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Power to sell seized personal property: England and Wales
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 67 insert—
“67A
Seized personal property
25
(1)
This section applies to personal property which is held by a person and
which—
(a)
has been seized by an appropriate officer under a relevant
seizure power, or
(b)
has been produced to an appropriate officer in compliance with
30
a production order under section 345.
(2)
This section applies if the following conditions are satisfied—
(a)
a confiscation order is made against the person by whom the
property is held;
(b)
a receiver has not been appointed under section 50 in relation to
35
the property;
(c)
any period allowed under section 11 for payment of the amount
ordered to be paid under the confiscation order has ended.
(3)
In such a case a magistrates’ court may by order authorise an
appropriate officer to realise the property.
40
(4)
In this section “appropriate officer” and “relevant seizure power” have
the same meaning as in section 41A.