Clause 37

Policing and Crime Bill – in a Public Bill Committee at 11:30 am on 24th February 2009.

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Search and seizure of property: Scotland

Amendments made: 174, in clause 37, page 36, line 1, leave out ‘property held by the person’ and insert ‘realisable property’.

Amendment 175, in clause 37, page 36, line 9, leave out ‘property held by the person’ and insert ‘realisable property’.

Amendment 176, in clause 37, page 36, line 16, leave out ‘property held by the accused’ and insert ‘realisable property’.

Amendment 177, in clause 37, page 36, line 21, leave out ‘property held by the accused’ and insert ‘realisable property’.

Amendment 178, in clause 37, page 37, line 4, at end insert—

‘(11) In relation to the first or second condition references in sections 127C to 127P to the accused are to the person mentioned in that condition.’.

Amendment 179, in clause 37, page 37, line 4, at end insert—

‘(12) In relation to the first or second condition section 144(8) has effect as if proceedings for the offence had been started against the accused when the investigation was started.’.

Amendment 180, in clause 37, page 37, line 7, leave out ‘free property held by the accused’ and insert ‘realisable property’.

Amendment 181, in clause 37, page 37, line 24, 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 accused are to be read as references to the recipient of that gift.’.

Amendment 182, in clause 37, page 39, line 2, 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 263, in clause 37, page 40, line 43, 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 127B(1), or

(b) ceases to have reasonable grounds for the suspicion mentioned in section 127C(1).’.

Amendment 183, in clause 37, page 41, line 10, 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 (or review of)—

(a) the decision to refuse the application, or

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

Amendment 184, in clause 37, page 41, line 10, at end insert—

‘(4) In subsection (2) the reference to the period mentioned in section 127J includes that period as extended by any order under section 127M.’.

Amendment 185, in clause 37, page 41, line 20, 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 (or review of)—

(a) the decision to refuse the application, or

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

Amendment 186, in clause 37, page 41, line 32, leave out ‘free property held by the accused’ and insert ‘realisable property’.

Amendment 187, in clause 37, page 41, line 32, before ‘, and’ insert

‘other than exempt property (within the meaning of section 127C(4))’.

Amendment 188, in clause 37, page 42, line 12, leave out paragraphs (b) and (c) and insert ‘or

( ) any person affected by the order.’.

Amendment 189, in clause 37, page 42, line 37, at end insert—

‘( ) a person mentioned in section 127M(3), or’.

Amendment 190, in clause 37, page 42, line 38, leave out paragraphs (a) and (b) and insert—

‘( ) any person affected by the order.’.

Amendment 191, in clause 37, page 42, line 41, leave out ‘30’ and insert ‘21’.—(Mr. Coaker.)

Amendment proposed: 192, in clause 37, page 42, line 44, at end insert—

‘127OA Detention of property pending section 127O appeal

(1) This section applies where—

(a) an application for an order under section 127M is made within the period mentioned in section 127J, and

(b) the application is refused.

(2) This section also applies where—

(a) an order is made under section 127M extending the period for which property may be detained under section 127J, and

(b) the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

(3) The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).’.—(Mr. Coaker.)

Question put, That the amendment be made.

The Committee divided: Ayes 7, Noes 5.

Division number 8 Nimrod Review — Statement — Clause 37

Aye: 7 MPs

No: 5 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Amendment 192 agreed to.

Amendment made: 193, in clause 37, page 43, line 11, leave out subsection (3) and insert—

‘(3) Omit section 126 (seizure).’.—(Mr. Coaker.)

Clause 37, as amended, ordered to stand part of the Bill.