Clause 8
Counter-Terrorism Bill
12:45 pm
Elfyn Llwyd (Parliamentary Leader; Meirionnydd Nant Conwy, Plaid Cymru)
With regard to clause 8(3), which says,
“Where different persons claim to be entitled to the return of the document, it may be retained for as long as is reasonably necessary for the determination of the person to whom it must be returned”,
I am curious about who will make that determination. Will a senior police officer be acting in a quasi-judicial role? Is not this nit-picking? As the Minister will know, in respect of counter-claims on property that comes into the possession of the police, there is already legislation on the statute book called the Police (Property) Act 1997, which would normally trigger an application to a magistrates court, where both parties could argue and the court would make a finding. Is it at all possible to use that procedure? How exactly would the question be determined?