Power to retain seized property: Scotland

Amendment made: 152, in clause 34, page 25, leave out line 33 and insert—

‘(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) After section 120 insert—’.—(Mr. Coaker.)

Amendment proposed: 153, in clause 34, page 26, line 13, at end insert—

‘(3) After section 122 insert—

“122A Detention of property pending appeal

(1) This section applies where—

(a) a restraint order includes provision under section 120A authorising the detention of property, and

(b) the restraint order is recalled under section 121(7).

(2) This section also applies where—

(a) a restraint order includes provision under section 120A authorising the detention of property, and

(b) the restraint order is varied under section 121(7) so as to omit any such provision.

(3) The property may be detained until there is no further possibility of an appeal against (or review of)—

(a) the decision to recall or vary the restraint order, or

(b) any decision made on an appeal against (or review of) that decision.”’.—(Mr. Coaker.)

Question put, That the amendment be made.

The Committee divided: Ayes 6, Noes 2.

Division number 4 - 6 yes, 2 no

Voting yes: Ian Austin, Alan Campbell, Vernon Coaker, Jim Fitzpatrick, Paul Holmes, Phil Wilson

Voting no: James Brokenshire, David Ruffley

Question accordingly agreed to.

Amendment 153 agreed to.

Clause 34, as amended,ordered to stand part of the Bill.