Clause 35

Policing and Crime Bill – in a Public Bill Committee at 4:30 pm on 12th February 2009.

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Power to retain seized property: Northern Ireland

Amendment made: 154, in clause 35, page 26, leave out line 15 and insert—

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

(2) After section 190 insert—’.—(Mr. Coaker.)

Amendment proposed: 155, in clause 35, page 27, line 2, at end insert—

‘(3) After section 193 insert—

“193A Detention of property pending appeal

(1) This section applies where—

(a) a restraint order includes provision under section 190A authorising the detention of property, and

(b) the restraint order is discharged under section 191(5) or 192(3)(b).

(2) This section also applies where—

(a) a restraint order includes provision under section 190A authorising the detention of property, and

(b) the restraint order is varied under section 191(5) or 192(3)(b) so as to omit any such provision.

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

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

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

Question put, That the amendment be made.

The Committee divided: Ayes 6, Noes 2.

Division number 5 Nimrod Review — Statement — Clause 35

Aye: 6 MPs

No: 2 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Amendment 155 agreed to.

Clause 35, as amended, ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.—(Mr. Ian Austin.)

Adjourned till Tuesday 24 February at half-past Ten o’clock.