Clause 38
Policing and Crime Bill
11:30 am
Amendments made: 194, in clause 38, page 44, line 5, leave out ‘property held by the person’ and insert ‘realisable property’.
Amendment 195, in clause 38, page 44, line 13, leave out ‘property held by the person’ and insert ‘realisable property’.
Amendment 196, in clause 38, page 44, line 20, leave out ‘property held by the defendant’ and insert ‘realisable property’.
Amendment 197, in clause 38, page 44, line 25, leave out ‘property held by the defendant’ and insert ‘realisable property’.
Amendment 198, in clause 38, page 45, line 9, at end insert—
‘(12) In relation to the first or second condition section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.’.
Amendment 199, in clause 38, page 45, line 12, leave out ‘free property held by the defendant’ and insert ‘realisable property’.
Amendment 200, in clause 38, page 45, line 30, at end insert—
‘(4A) In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the defendant are to be read as references to the recipient of that gift.’.
Amendment 201, in clause 38, page 47, line 10, at end insert—
‘(4A) An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise.’.
Amendment 264, in clause 38, page 49, line 7, leave out subsection (2) and insert—
‘(2) The property may be detained initially for a period of 48 hours.
(2A) But it must be released if within that period the appropriate officer—
(a) ceases to be satisfied as mentioned in section 195B(1), or
(b) ceases to have reasonable grounds for the suspicion mentioned in section 195C(1).’.
Amendment 202, in clause 38, page 49, line 19 , at end insert—
‘(3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—
(a) the decision to refuse the application, or
(b) any decision made on an appeal against that decision.’.
Amendment 203, in clause 38, page 49, line 19 , at end insert—
‘(4) In subsection (2) the reference to the period mentioned in section 195J includes that period as extended by any order under section 195M.’.
Amendment 204, in clause 38, page 49, line 29, at end insert—
‘(3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—
(a) the decision to refuse the application, or
(b) any decision made on an appeal against that decision.’.
Amendment 205, in clause 38, page 49, line 42, leave out
‘free property held by the defendant’
and insert ‘realisable property’.
Amendment 206, in clause 38, page 49, line 42, before ‘, and’ insert
‘other than exempt property (within the meaning of section 195C(4))’.
Amendment 207, in clause 38, page 50, line 25, leave out paragraphs (b) and (c) and insert ‘or
( ) any person affected by the order.’.
Amendment 208, in clause 38, page 51, line 7, at end insert—
‘( ) a person mentioned in section 195M(3), or’.
Amendment 209, in clause 38, page 51, line 8, leave out paragraphs (a) and (b) and insert—
‘( ) any person affected by the order.’.—(Mr. Coaker.)