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
65

67B
Costs of storage and realisation
(1)
This section applies if a magistrates’ court makes an order under
section 67A.
(2)
The court may determine an amount which may be recovered by the
appropriate officer in respect of reasonable costs incurred in—
5
(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 55(4).
10
(4)
A determination under this section may be made on the same occasion
as the section 67A 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
41A.
15
67C
Sections 67A and 67B: appeals
(1)
If a magistrates’ court decides not to make an order under section 67A,
an appropriate officer may appeal to the Crown Court.
(2)
If a magistrates’ court makes an order under section 67A, a person
affected by the order may appeal to the Crown Court.
20
(3)
But the person mentioned in section 67A(2)(a) may not appeal.
(4)
An appropriate officer may appeal to the Crown Court against—
(a)
a determination made by a magistrates’ court under section
67B;
(b)
a decision by a magistrates’ court not to make a determination
25
under that section.
(5)
In this section “appropriate officer” has the same meaning as in section
41A.
67D
Proceeds of realisation
(1)
This section applies to sums which—
30
(a)
are in the hands of an appropriate officer, and
(b)
are the proceeds of the realisation of property under
section 67A.
(2)
The sums must be applied as follows—
(a)
first, they must be applied in making any payments directed by
35
the magistrates’ court or the Crown Court;
(b)
second, they must be paid to the appropriate designated officer
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
40
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
or the Crown Court directs, and

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(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.
(5)
If the magistrates’ court has made a direction under either of subsection
5
(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;
10
“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.”
(3)
Accordingly, at the end of the cross-heading immediately above that section
15
insert “and personal property”.
(4)
In section 55(4) (payment of sums received by designated officer under
section 54)—
(a)
after “section 54” insert “or 67D”,
(b)
in paragraph (b) for “the receiver” substitute “any receiver”, and
20
(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 67B.”
56
Power to sell seized personal property: Scotland
25
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 131 insert—
“Seized personal property
131A
Seized personal property
(1)
This section applies to moveable property which is held by a person
30
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
a production order under section 380.
35
(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)
an administrator has not been appointed under section 128 in
relation to the property;
40
(c)
any period allowed under section 116 for payment of the
amount ordered to be paid under the confiscation order has
ended.

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(3)
In such a case the sheriff may by order authorise an appropriate officer
to realise the property.
(4)
In this section “appropriate officer” and “relevant seizure power” have
the same meaning as in section 120A.
131B
Costs of storage and realisation
5
(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;
10
(b)
realising the property.
(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
15
determination may be made in relation to any case.
(5)
In this section “appropriate officer” has the same meaning as in
section 120A.
131C
Sections 131A and 131B: appeals
(1)
If a sheriff decides not to make an order under section 131A, an
20
appropriate officer may appeal to the Court of Session.
(2)
If a sheriff makes an order under section 131A, a person affected by the
order may appeal to the Court of Session.
(3)
But the person mentioned in section 131A(2)(a) may not appeal.
(4)
An appropriate officer may appeal to the Court of Session against—
25
(a)
a determination made by a sheriff under section 131B;
(b)
a decision by a sheriff not to make a determination under that
section.
(5)
An appeal under this section must be made before the end of the period
of 21 days starting with the day on which the decision or (as the case
30
may be) the order was made.
(6)
On an appeal under this section the Court of Session may—
(a)
confirm, quash or vary the decision or (as the case may be) the
order, or
(b)
make such order as Court of Session believes is appropriate.
35
(7)
In this section “appropriate officer” has the same meaning as in section
120A.
131D
Proceeds of realisation
(1)
This section applies to sums which—
(a)
are in the hands of an appropriate officer, and
40
(b)
are the proceeds of the realisation of property under
section 131A.

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(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.
5
(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 sheriff directs, and
10
(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—
15
(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).”
(3)
In section 131 (sums received by clerk of court)—
20
(a)
in subsection (5) after “130” insert “or 131D”, and
(b)
after subsection (5) insert—
“(5A)
If the clerk of court received the sums from an appropriate
officer under section 130 or 131D, the clerk of court must next
apply them in payment to an appropriate officer of any amount
25
to which the officer is entitled by virtue of section 131B.”
57
Power to sell seized personal property: Northern Ireland
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
After section 215 insert—
“215A
Seized personal property
30
(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
35
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 198 in relation
40
to the property;
(c)
any period allowed under section 161 for payment of the
amount ordered to be paid under the confiscation order has
ended.

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(3)
In such a case a magistrates’ court may by order authorise an
appropriate officer to realise the property.
(4)
In this section “appropriate officer” and “relevant seizure power” have
the same meaning as in section 190A.
215B
Costs of storage and realisation
5
(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—
(a)
storing or insuring the property since it was seized or produced
10
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
15
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.
215C
Sections 215A and 215B: appeals
20
(1)
If a magistrates’ court decides not to make an order under section 215A,
an appropriate officer may appeal to a county court.
(2)
If a magistrates’ court makes an order under section 215A, a person
affected by the order may appeal to a county court.
(3)
But the person mentioned in section 215A(2)(a) may not appeal.
25
(4)
An appropriate officer may appeal to a county court against—
(a)
a determination made by a magistrates’ court under section
215B;
(b)
a decision by a magistrates’ court not to make a determination
under that section.
30
(5)
In this section “appropriate officer” has the same meaning as in section
190A.
215D
Proceeds of realisation
(1)
This section applies to sums which—
(a)
are in the hands of an appropriate officer, and
35
(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;
40
(b)
second, they must be paid to the appropriate chief clerk on
account of the amount payable under the confiscation order.

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(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
5
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.
10
(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).”
15
(3)
Accordingly, at the end of the cross-heading immediately above that section
insert “and personal property”.
(4)
In section 203(4) (payment of sums received by chief clerk under section 202)—
(a)
after “section 202” insert “or 215D”,
(b)
in paragraph (b) for “the receiver” substitute “any receiver”, and
20
(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 215B.”
58
Payment of compensation
25
(1)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)
In section 72 (serious default in England and Wales) in subsection (9)—
(a)
after paragraph (b) insert—
“(ba)
if the person in default was a member of staff of SOCA,
the compensation is payable by SOCA;”, and
30
(b)
after paragraph (e) insert—
“(f)
if the person in default was an accredited financial
investigator and none of paragraphs (a) to (e) apply, the
compensation is payable in accordance with paragraph
(a), (c) or (e) of section 302(7A) (as the case may
35
require).”
(3)
In section 139 (serious default in Scotland) after paragraph (c) of subsection (9)
insert—
“(ca)
if the person in default was a member of staff of SOCA, the
compensation is payable by SOCA;”.
40
(4)
Subsection (9) of section 220 (serious default in Northern Ireland) is amended
as follows.
(5)
In paragraph (b), for “a member of the Director of Public Prosecutions for
Northern Ireland” substitute “a member of the Public Prosecution Service for
Northern Ireland”.
45

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(6)
After paragraph (b) insert—
“(ba)
if the person in default was a member of staff of SOCA, the
compensation is payable by SOCA;”.
(7)
After paragraph (e) insert—
“(f)
if the person in default was an accredited financial investigator
5
and none of paragraphs (a) to (e) apply, the compensation is
payable in accordance with paragraph (b), (d) or (e) of section
302(7A) (as the case may require).”
Civil recovery
59
Limitation
10
(1)
In the following provisions for “twelve years” substitute “20 years”—
(a)
sections 27A(2) and 27B(2) of the Limitation Act 1980 (c. 58) (civil
recovery of property obtained through unlawful conduct etc),
(b)
sections 19B(2) and 19C(2) of the Prescription and Limitation (Scotland)
Act 1973 (c. 52) (equivalent provisions for Scotland), and
15
(c)
Articles 72A(2) and 72B(2) of the Limitation (Northern Ireland) Order
1989 (S.I. 1339 (N.I. 11)) (equivalent provisions for Northern Ireland).
(2)
The amendments made by this section—
(a)
apply to causes of action which accrued before, as well as to causes of
action which accrue after, the commencement of this section, but
20
(b)
do not apply to causes of action barred by the provisions mentioned in
subsection (1) before the commencement of this section.
60
Power to search vehicles
(1)
Section 289 of the Proceeds of Crime Act 2002 (c. 29) (searches) is amended as
set out in subsections (2) to (5).
25
(2)
After subsection (1) insert—
“(1A)
The powers specified in subsection (1D) are exercisable if—
(a)
a customs officer, a constable or an accredited financial
investigator has reasonable grounds for suspecting that there is
cash falling within subsection (1E) in a vehicle, and
30
(b)
it appears to the officer, constable or investigator that the
vehicle is under the control of a person (the suspect) who is in
or in the vicinity of the vehicle.
(1B)
The powers are exercisable only if the vehicle is—
(a)
in any place to which, at the time of the proposed exercise of the
35
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
(b)
in any other place to which at that time people have ready
access but which is not a dwelling.
40
(1C)
But if the vehicle is in a garden or yard or other land occupied with and
used for the purposes of a dwelling, the customs officer, constable or
accredited financial investigator may exercise the powers under