Clause 39
Policing and Crime Bill
11:30 am
Amendments made: 267, in clause 39, page 52, line 30, at end insert—
‘67AA Costs of storage and realisation
(1) This section applies if a magistrates’ court makes an order under section 67A.
(2) The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—
(a) storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;
(b) realising the property.
(3) If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4).
(4) A determination under this section may be made on the same occasion as the section 67A order or on any later occasion; and more than one determination may be made in relation to any case.
(5) In this section “appropriate officer” has the same meaning as in section 41A.’.
Amendment 268, in clause 39, page 52, line 31, leave out ‘Section 67A’ and insert ‘Sections 67A and 67AA’.
Amendment 269, in clause 39, page 52, line 36, at end insert—
‘“(3A) An appropriate officer may appeal to the Crown Court against—
(a) a determination made by a magistrates’ court under section 67AA;
(b) a decision by a magistrates’ court not to make a determination under that section.”’.
Amendment 270, in clause 39, page 52, line 38, at end insert—
‘67C Proceeds of realisation
(1) This section applies to sums which—
(a) are in the hands of an appropriate officer, and
(b) are the proceeds of the realisation of property under section 67A.
(2) The sums must be applied as follows—
(a) first, they must be applied in making any payments directed by the magistrates’ court or the Crown Court;
(b) second, they must be paid to the appropriate designated officer on account of the amount payable under the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer’s hands, the appropriate officer must distribute them—
(a) among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates’ court or the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.
(5) If the magistrates’ court has made a direction under either of subsection (2)(a) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.
(6) In this section—
“appropriate officer” has the same meaning as in section 41A;
“appropriate designated officer” means the designated officer for the magistrates’ court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.”’.
Amendment 271, in clause 39, page 52, line 41, leave out subsection (4).
Amendment 272, in clause 39, page 53, line 11, at end insert—
‘(5) In section 55(4) (payment of sums received by designated officer under section 54)—
(a) after “section 54” insert “or 67C”,
(b) in paragraph (b) for “the receiver” substitute “any receiver”, and
(c) after paragraph (b) insert—
“(c) third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 67AA.”’.—(Mr. Coaker.)