Clause 38

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: Northern Ireland

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.)

Amendment proposed: 210, in clause 38, page 51, line 12, at end insert—

‘195OA Detention of property pending section 195O appeal

(1) This section applies where—

(a) an application for an order under section 195M is made within the period mentioned in section 195J, and

(b) the application is refused.

(2) This section also applies where—

(a) an order is made under section 195M extending the period for which property may be detained under section 195J, 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 9 Nimrod Review — Statement — Clause 38

Aye: 7 MPs

No: 5 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Amendment 210 agreed to.

Amendments made: 265, in clause 38, page 51, line 12, at end insert—

‘195OB Hearsay evidence in detention order proceedings

(1) Evidence must not be excluded in detention order proceedings on the ground that it is hearsay (of whatever degree).

(2) Articles 4 and 5 of the Civil Evidence (Northern Ireland) Order 1997 apply in relation to detention order proceedings as those articles apply in relation to civil proceedings.

(3) Detention order proceedings are proceedings—

(a) for an order under section 195M;

(b) for the discharge or variation of such an order;

(c) on an appeal under section 195O.

(4) Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated.

(5) Nothing in this section affects the admissibility of evidence which is admissible apart from this section.’.

Amendment 211, in clause 38, page 51, line 39, leave out subsection (3) and insert—

‘(3) Omit section 194 (seizure).’.—(Mr. Coaker.)

Clause 38, as amended, ordered to stand part of the Bill.