House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 15 May 2009
871

Policing and Crime Bill, continued

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

155

Page  43,  line  43  [Clause  52],  at end insert—

‘47MA
Right of third parties to make representations

(1)
The Crown Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before making an order under

section 47M if it considers that the making of the order would be likely to have a

significant adverse effect on that person.

(2)
The Crown Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the variation

of an order under section 47M if it consders that—

(a)
the variation of the order; or

(b)
a decision not to vary it;


would be likely to have a significant adverse effect on that person.

(3)
The Crown Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the discharge

of an order under section 47M if it considers that—

(a)
the discharge of the order; or

(b)
a decision not to discharge it;


would be likely to have a significant adverse effect on that person.

(4)
The Court of Appeal which is considering an appeal in relation to an order under

section 47M must, on an application by a person, give the person an opportunity

to make representations in the proceedings if that person was given an

opportunity to make representations in the proceedings which are the subject of

the appeal.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

156

Page  44,  line  23  [Clause  52],  leave out ‘magistrates’ court’ and insert ‘Crown

Court’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

157

Page  44,  line  25  [Clause  52],  leave out ‘Crown Court’ and insert ‘Court of

Appeal’.

Notices of Amendments: 15 May 2009
872

Policing and Crime Bill, continued

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

158

Page  44,  line  27  [Clause  52],  leave out ‘Crown Court’ and insert ‘Court of

Appeal’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

159

Page  44,  line  28  [Clause  52],  leave out ‘magistrates’ court’s’ and insert ‘Crown

Court’s’.

Secretary Jacqui Smith

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Total signatories: 7

Mr Patrick McLoughlin

71

Page  44  [Clause  52],  leave out lines 31 to 33.

Secretary Jacqui Smith

72

Page  45,  line  15  [Clause  52],  at end insert—

‘47QA
  Release of property

(1)
This section applies in relation to property which—

(a)
has been seized by an appropriate officer under section 47C, and

(b)
is detained under or by virtue of any of sections 47J to 47M and 47P.

(2)
The property must be released if at any time an appropriate officer decides that

the the detention condition is no longer met.

(3)
The detention condition is met for so long as—

(a)
any of the conditions in section 47B is met, and

(b)
there are reasonable grounds for the suspicion mentioned in

section 47C(1).

(4)
Nothing in this section requires property to be released if there is a power to

detain it otherwise than under or by virtue of sections 47J to 47M and 47P.

(5)
Nothing in this section affects the operation of any power or duty to release

property that arises apart from this section.’.

Notices of Amendments: 15 May 2009
873

Policing and Crime Bill, continued

Secretary Jacqui Smith

73

Page  45,  line  15  [Clause  52],  at end insert—

‘Code of practice about search and seizure and detention of property’.

Secretary Jacqui Smith

74

Page  45,  line  23  [Clause  52],  after ‘41A’, insert ‘, 44A’.

Secretary Jacqui Smith

75

Page  45,  line  24  [Clause  52],  leave out ‘47M’ and insert ‘47P’.

Secretary Jacqui Smith

76

Page  48,  line  14  [Clause  53],  at end insert—


‘Section 127B(11) is subject to this subsection.’.

Secretary Jacqui Smith

77

Page  51,  line  11  [Clause  53],  leave out ‘this section’ and insert ‘section 53 of the

Policing and Crime Act 2009’.

Secretary Jacqui Smith

78

Page  51,  line  39  [Clause  53],  leave out subsection (3).

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

161

Page  53,  line  17  [Clause  53],  at end insert—

‘127MA
Right of third parties to make representations

(1)
The Sheriff must, on an application by a person, give the person an opportunity

to make representations in proceedings before making an order under section

127M if he considers that the making of the order would be likely to have a

significant adverse effect on that person.

Notices of Amendments: 15 May 2009
874

Policing and Crime Bill, continued

(2)
The Sheriff must, on an application by a person, give the person an opportunity

to make representations in proceedings before him about the variation of an order

under section 127M if it considers that—

(a)
the variation of the order; or

(b)
a decision not to vary it;

would be likely to have a significant adverse effect on that person.

(3)
The Sheriff must, on an application by a person, give the person an opportunity

to make representations in proceedings before him about the discharge of an order

under section 127M if he considers that—

(a)
the discharge of the order; or

(b)
a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

(4)
The Court of Session which is considering an appeal in relation to an order under

section 127M must, on an application by a person, give the person an opportunity

to make representations in the proceedings if that person was given an

opportunity to make representations in the proceedings which are the subject of

the appeal.’.

Secretary Jacqui Smith

79

Page  54,  line  23  [Clause  53],  at end insert—

‘127PA
  Release of property

(1)
This section applies in relation to property which—

(a)
has been seized by an appropriate officer under section 127C, and

(b)
is detained under or by virtue of any of sections 127J to 127M and 127P.

(2)
The property must be released if at any time an appropriate officer decides that

the the detention condition is no longer met.

(3)
The detention condition is met for so long as—

(a)
any of the conditions in section 127B is met, and

(b)
there are reasonable grounds for the suspicion mentioned in

section 127C(1).

(4)
Nothing in this section requires property to be released if there is a power to

detain it otherwise than under or by virtue of sections 127J to 127M and 127P.

(5)
Nothing in this section affects the operation of any power or duty to release

property that arises apart from this section.’.

Secretary Jacqui Smith

80

Page  54,  line  23  [Clause  53],  at end insert—

‘Guidance about search and seizure and detention of property’.

Secretary Jacqui Smith

81

Page  54,  line  30  [Clause  53],  after ‘120A’, insert ‘, 122A’.

Notices of Amendments: 15 May 2009
875

Policing and Crime Bill, continued

Secretary Jacqui Smith

82

Page  54,  line  31  [Clause  53],  leave out ‘127M’ and insert ‘127P’.

Secretary Jacqui Smith

83

Page  57,  line  11  [Clause  54],  at end insert—


‘Section 195B(11) is subject to this subsection.’.

Secretary Jacqui Smith

84

Page  60,  line  5  [Clause  54],  leave out ‘this section’ and insert ‘section 54 of the

Policing and Crime Act 2009’.

Secretary Jacqui Smith

85

Page  60,  line  34  [Clause  54],  leave out subsection (3).

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

162

Page  61,  line  34  [Clause  54],  leave out ‘magistrates’ court’ and insert ‘county

court’.

Secretary Jacqui Smith

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Total signatories: 7

Mr Patrick McLoughlin

86

Page  62  [Clause  54],  leave out lines 9 and 10.

Notices of Amendments: 15 May 2009
876

Policing and Crime Bill, continued

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

164

Page  62,  line  13  [Clause  54],  at end insert—

‘195MA
Right of third parties to make representations

(1)
The county court must, on an application by a person, give the person an

opportunity to make representations in proceedings before making an order under

section 195M if it considers that the making of the order would be likely to have

a significant adverse effect on that person.

(2)
The county court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the variation

of an order under section 195M if it considers that—

(a)
the variation of the order; or

(b)
a decision not to vary it;

would be likely to have a significant adverse effect on that person.

(3)
The county court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the discharge

of an order under section 195M if it considers that—

(a)
the discharge of the order; or

(b)
a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

(4)
The Court of Appeal which is considering an appeal in relation to an order under

section 195M must, on an application by a person, give the person an opportunity

to make representations in the proceedings if that person was given an

opportunity to make representations in the proceedings which are the subject of

the appeal.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

165

Page  62,  line  40  [Clause  54],  leave out ‘county court’ and insert ‘Court of Appeal’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

166

Page  62,  line  42  [Clause  54],  leave out ‘county court’ and insert ‘Court of Appeal’.

Notices of Amendments: 15 May 2009
877

Policing and Crime Bill, continued

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

167

Page  62,  line  43  [Clause  54],  leave out ‘magistrates’ court’s’ and insert ‘county

court’s’.

Secretary Jacqui Smith

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Total signatories: 7

Mr Patrick McLoughlin

87

Page  63  [Clause  54],  leave out lines 1 to 3.

Secretary Jacqui Smith

88

Page  63,  line  31  [Clause  54],  at end insert—

‘195QA
  Release of property

(1)
This section applies in relation to property which—

(a)
has been seized by an appropriate officer under section 195C, and

(b)
is detained under or by virtue any of any of sections 195J to 195M and

195P.

(2)
The property must be released if at any time an appropriate officer decides that

the the detention condition is no longer met.

(3)
The detention condition is met for so long as—

(a)
any of the conditions in section 195B is met, and

(b)
there are reasonable grounds for the suspicion mentioned in

section 195C(1).

(4)
Nothing in this section requires property to be released if there is a power to

detain it otherwise than under or by virtue of sections 195J to 195M and 195P.

(5)
Nothing in this section affects the operation of any power or duty to release

property that arises apart from this section.’.

Secretary Jacqui Smith

89

Page  63,  line  31  [Clause  54],  at end insert—