House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 19 May 2009
278

Policing and Crime Bill, continued

Dr Evan Harris

Chris Huhne

Paul Holmes

Not called  217

Page  86,  line  21  [Clause  71],  leave out ‘1998’ and insert ‘1998 or any other

international treaty which the United Kingdom is a party to or would be contrary to the

interests of justice.’.

Mr Andrew Dismore

Dr Evan Harris

Not called  25

Page  86,  line  21  [Clause  71],  at end insert ‘, the Refugee Convention and the

International Covenant on Civil and Political Rights’.

Secretary Jacqui Smith

Agreed to  110

Page  86,  line  21  [Clause  71],  at end insert ‘or with the United Kingdom’s

obligations under the Refugee Convention.’.

Dr Evan Harris

Chris Huhne

Paul Holmes

Not called  222

Page  86,  line  21  [Clause  71],  at end insert ‘, the Refugee Convention and the

International Covenant on Civil and Political Rights’.

Dr Evan Harris

Chris Huhne

Paul Holmes

Not called  223

Page  86,  line  21  [Clause  71],  at end insert—

‘(1A)
In furtherance of subsection (1) the Secretary of State must ensure that the person,

or a representative acting on their behalf is,

(a)
informed of the requested undertaking,

(b)
given an opportunity to make representations in writing to the Secretary

of State;

(c)
informed of the decision expeditiously;’.

Mr Andrew Dismore

Dr Evan Harris

Not called  26

Page  86  [Clause  71],  leave out lines 22 to 27.

Secretary Jacqui Smith

Agreed to  111

Page  86,  line  27  [Clause  71],  after ‘sheriff.’, insert—

‘(3)
The reference in subsection (1) to the Refugee Convention is to the

Convention relating to the Status of Refugees done at Geneva on 28 July

1951 and the Protocol to the Convention.’.

Report Stage Proceedings: 19 May 2009
279

Policing and Crime Bill, continued

Dr Evan Harris

Chris Huhne

Paul Holmes

Not called  218

Page  86,  line  27  [Clause  71],  at end insert—

‘(2A)
If subsection (1) applies—

(a)
an undertaking to return a person to a territory given under section 153A

or 153C is of no effect, and

(b)
any power given under section 153A and 153C by reference to the

undertaking is of no effect.’.

Mr Andrew Dismore

Dr Evan Harris

Not called  27

Page  87,  line  30,  leave out Clause 74.

Secretary Jacqui Smith

Agreed to  64

Page  33,  line  36  [Clause  49],  leave out paragraph (a).

Secretary Jacqui Smith

Agreed to  65

Page  34,  line  38  [Clause  50],  leave out ‘126,’.

Secretary Jacqui Smith

Agreed to  66

Page  35,  line  42  [Clause  51],  leave out paragraph (a).

Secretary Jacqui Smith

Agreed to  67

Page  38,  line  36  [Clause  52],  at end insert—


‘Section 47B(11) is subject to this subsection.’.

Report Stage Proceedings: 19 May 2009
280

Policing and Crime Bill, continued

Secretary Jacqui Smith

Agreed to  68

Page  41,  line  33  [Clause  52],  leave out ‘this section’ and insert ‘section 52 of the

Policing and Crime Act 2009’.

Secretary Jacqui Smith

Agreed to  69

Page  42,  line  16  [Clause  52],  leave out subsection (3).

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not selected  153

Page  43,  line  17  [Clause  52],  leave out ‘magistrate’s court’ and insert ‘Crown

Court’.

Secretary Jacqui Smith

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Agreed to  70

Page  43  [Clause  52],  leave out lines 39 and 40.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not selected  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

Report Stage Proceedings: 19 May 2009
281

Policing and Crime Bill, continued

(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

Not selected  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

Not selected  157

Page  44,  line  25  [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

Not selected  158

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

Appeal’.

Report Stage Proceedings: 19 May 2009
282

Policing and Crime Bill, continued

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not selected  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

Mr Patrick McLoughlin

Agreed to  71

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

Secretary Jacqui Smith

Agreed to  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.’.

Secretary Jacqui Smith

Agreed to  73

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

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

Secretary Jacqui Smith

Agreed to  74

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

Report Stage Proceedings: 19 May 2009
283

Policing and Crime Bill, continued

Secretary Jacqui Smith

Agreed to  75

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

Secretary Jacqui Smith

Agreed to  76

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


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

Secretary Jacqui Smith

Agreed to  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

Agreed to  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

Not selected  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.

(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;

Report Stage Proceedings: 19 May 2009
284

Policing and Crime Bill, continued

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

Agreed to  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

Agreed to  80

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

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

Secretary Jacqui Smith

Agreed to  81

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

Secretary Jacqui Smith

Agreed to  82

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

Secretary Jacqui Smith

Agreed to  83

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