House of Lords portcullis
House of Lords
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]


Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

38

 

no production order), after paragraph (b), insert—

“(ba)   

in the case of a detained cash investigation into the derivation

of cash, the property specified in the application for the

warrant, or a part of it, is recoverable property;

(bb)   

in the case of a detained cash investigation into the intended use

5

of cash, the property specified in the application for the

warrant, or a part of it, is intended by any person to be used in

unlawful conduct;”.

(3)   

After section 353(7) of that Act (types of material in respect of which warrant

may be issued where no production order) insert—

10

“(7A)   

In the case of a detained cash investigation into the derivation of cash,

material falls within this subsection if it cannot be identified at the time

of the application but it—

(a)   

relates to the property specified in the application, the question

whether the property, or a part of it, is recoverable property or

15

any other question as to its derivation, and

(b)   

is likely to be of substantial value (whether or not by itself) to

the investigation for the purposes of which the warrant is

sought.

(7B)   

In the case of a detained cash investigation into the intended use of

20

cash, material falls within this subsection if it cannot be identified at the

time of the application but it—

(a)   

relates to the property specified in the application or the

question whether the property, or a part of it, is intended by any

person to be used in unlawful conduct, and

25

(b)   

is likely to be of substantial value (whether or not by itself) to

the investigation for the purposes of which the warrant is

sought.”

(4)   

In section 387(3) of that Act (investigations in respect of which a search warrant

may be issued in Scotland), in paragraph (b), after “a civil recovery

30

investigation” insert “or a detained cash investigation”.

(5)   

In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant

in Scotland where no production order), after paragraph (b), insert—

“(ba)   

in the case of a detained cash investigation into the derivation

of cash, the property specified in the application for the

35

warrant, or a part of it, is recoverable property;

(bb)   

in the case of a detained cash investigation into the intended use

of cash, the property specified in the application for the

warrant, or a part of it, is intended by any person to be used in

unlawful conduct;”.

40

(6)   

After section 388(7) of that Act (types of material in respect of which warrant

may be issued in Scotland where no production order) insert—

“(7A)   

In the case of a detained cash investigation into the derivation of cash,

material falls within this subsection if it cannot be identified at the time

of the application but it—

45

(a)   

relates to the property specified in the application, the question

whether the property, or a part of it, is recoverable property or

any other question as to its derivation, and

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

39

 

(b)   

is likely to be of substantial value (whether or not by itself) to

the investigation for the purposes of which the warrant is

sought.

(7B)   

In the case of a detained cash investigation into the intended use of

cash, material falls within this subsection if it cannot be identified at the

5

time of the application but it—

(a)   

relates to the property specified in the application or the

question whether the property, or a part of it, is intended by any

person to be used in unlawful conduct, and

(b)   

is likely to be of substantial value (whether or not by itself) to

10

the investigation for the purposes of which the warrant is

sought.”

69      

Further provision about detained cash investigations

Schedule 9 (which makes further provision about detained cash investigations)

has effect.

15

Extension of powers of accredited financial investigators

70      

Powers to seize property to which restraint orders apply

(1)   

In section 45(1) of the Proceeds of Crime Act 2002 (c. 29) (seizure of property to

which restraint order applies: England and Wales) after “constable” insert “, an

accredited financial investigator”.

20

(2)   

After section 45(2) of that Act insert—

“(3)   

The reference in subsection (1) to an accredited financial investigator is

a reference to an accredited financial investigator who falls within a

description specified in an order made for the purposes of that

subsection by the Secretary of State under section 453.”

25

(3)   

In section 194(1) of that Act (seizure of property to which restraint order

applies: Northern Ireland) after “constable” insert “, an accredited financial

investigator”.

(4)   

After section 194(2) of that Act insert—

“(3)   

The reference in subsection (1) to an accredited financial investigator is

30

a reference to an accredited financial investigator who falls within a

description specified in an order made for the purposes of that

subsection by the Secretary of State under section 453.”

71      

Powers to recover cash

Schedule 10 (which gives accredited financial investigators powers to recover

35

cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 and makes

related amendments) has effect.

72      

Powers in relation to certain investigations

(1)   

In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure

warrants in connection with confiscation, money laundering and detained cash

40

investigations etc.)—

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

40

 

(a)   

in paragraph (a), after “constable” insert “, an accredited financial

investigator”; and

(b)   

in paragraph (c) (as inserted by Schedule 9 to this Act), after “constable”

insert “, an accredited financial investigator”.

(2)   

After section 352(6) of that Act insert—

5

“(7)   

The reference in paragraph (a) or (c) of subsection (5) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

section 453.”

10

(3)   

In section 353(10) of that Act (requirements in relation to search and seizure

warrants)—

(a)   

in paragraph (a), after “constable” insert “, an accredited financial

investigator”; and

(b)   

in paragraph (c) (as inserted by Schedule 9 to this Act), after “constable”

15

insert “, an accredited financial investigator”.

(4)   

After section 353(10) of that Act insert—

“(11)   

The reference in paragraph (a) or (c) of subsection (10) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

20

for the purposes of that paragraph by the Secretary of State under

section 453.”

(5)   

In section 356(11)(b) of that Act (as inserted by Schedule 9 to this Act) (further

provisions in relation to search and seizure warrants: detained cash

investigations) after “constable” insert “, an accredited financial investigator”.

25

(6)   

After section 356(11) of that Act (as inserted by Schedule 9 to this Act) insert—

“(12)   

The reference in paragraph (b) of subsection (11) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

30

section 453.”

(7)   

In section 378(3A) of that Act (as inserted by Schedule 9 to this Act) (meaning

of “officers” for purposes of Part 8 in relation to detained cash investigations)

after paragraph (a) insert—

“(ab)   

an accredited financial investigator;”.

35

(8)   

After section 378(3A) of that Act (as inserted by Schedule 9 to this Act) insert—

“(3B)   

The reference in paragraph (ab) of subsection (3A) to an accredited

financial investigator is a reference to an accredited financial

investigator who falls within a description specified in an order made

for the purposes of that paragraph by the Secretary of State under

40

section 453.”

73      

Supplementary provision in relation to new powers

(1)   

In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify

references to accredited financial investigators)—

(a)   

after “may” insert “, in particular,”; and

45

 
 

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 2 — Proceeds of crime

41

 

(b)   

after “person” insert “or by reference to particular types of training

undertaken”.

(2)   

After section 453 of that Act insert—

“453A   

Certain offences in relation to financial investigators

(1)   

A person commits an offence if he assaults an accredited financial

5

investigator who is acting in the exercise of a relevant power.

(2)   

A person commits an offence if he resists or wilfully obstructs an

accredited financial investigator who is acting in the exercise of a

relevant power.

(3)   

A person guilty of an offence under subsection (1) is liable on summary

10

conviction—

(a)   

to imprisonment for a term not exceeding 51 weeks; or

(b)   

to a fine not exceeding level 5 on the standard scale;

   

or to both.

(4)   

A person guilty of an offence under subsection (2) is liable on summary

15

conviction—

(a)   

to imprisonment for a term not exceeding 51 weeks; or

(b)   

to a fine not exceeding level 3 on the standard scale;

   

or to both.

(5)   

In this section “relevant power” means a power exercisable under—

20

(a)   

section 45 or 194 (powers to seize property to which restraint

orders apply);

(b)   

section 289 (powers to search for cash);

(c)   

section 294 (powers to seize cash);

(d)   

section 295(1) (power to detain seized cash); or

25

(e)   

a search and seizure warrant issued under section 352.

(6)   

In the application of this section to England and Wales in relation to an

offence committed before the commencement of section 281(5) of the

Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary

offences), and in the application of this section to Northern Ireland—

30

(a)   

the reference to 51 weeks in subsection (3)(a) is to be read as a

reference to 6 months; and

(b)   

the reference to 51 weeks in subsection (4)(a) is to be read as a

reference to 1 month.”

Use of force in executing search warrants: Scotland

35

74      

Use of force in executing search warrants: Scotland

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants

in Scotland in connection with certain investigations), after subsection (4),

insert—   

“(4A)   

A proper person may, if necessary, use reasonable force in executing a

40

search warrant.”

 
 

Serious Crime Bill [HL]
Part 4 — General and final provisions

42

 

Chapter 3

Regulation of investigatory powers

75      

Extension of powers of Revenue and Customs

Schedule 11 (which makes provision about the regulation of investigatory

powers of Her Majesty’s Revenue and Customs) has effect.

5

Part 4

General and final provisions

General

76      

Orders of the Secretary of State and the Scottish Ministers

(1)   

Any power of the Secretary of State or the Scottish Ministers to make an order

10

under this Act is exercisable by statutory instrument.

(2)   

Any power of the Secretary of State to make an order under this Act—

(a)   

may be exercised so as to make different provision for different cases or

descriptions of case or different purposes;

(b)   

includes power to make such supplementary, incidental,

15

consequential, transitional, transitory or saving provision as the

Secretary of State considers appropriate.

(3)   

No order is to be made under section 4(4), 56(3), 62 or 77, or paragraph 100 of

Schedule 7, unless a draft of the order has been laid before, and approved by a

resolution of, each House of Parliament.

20

(4)   

Subsection (3) does not apply to an order under section 77 which does not

amend or repeal any provision of an Act.

(5)   

An order under section 77 which does not amend or repeal any provision of an

Act is subject to annulment in pursuance of a resolution of either House of

Parliament.

25

(6)   

An order under section 7, 27(6) or (11), 28(6) or (11), 32 or 61 is subject to

annulment in pursuance of a resolution of either House of Parliament.

77      

Supplementary, incidental and consequential provision

(1)   

The Secretary of State may by order make such supplementary, incidental or

consequential provision as he considers appropriate for the general purposes,

30

or any particular purpose, of this Act or in consequence of any provision made

by or under this Act or for giving full effect to this Act or any such provision.

(2)   

The power conferred by this section may, in particular, be exercised by

amending, repealing, revoking or otherwise modifying any provision made by

or under an enactment (including this Act and any Act passed in the same

35

Session as this Act).

(3)   

The power conferred by this section does not include the power to make

provision which would be within the legislative competence of the Scottish

Parliament if it were included in an Act of that Parliament.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2007
Revised 28 March 2007