Minor and consequential amendments

Amendments made: 318, in schedule 6, page 142, line 24, at end insert—

‘Access to Justice Act 1999 (c. 22)

(1) Schedule 2 to the Access to Justice Act 1999 (community legal service: excluded services) is amended as follows.

(2) In paragraph 2(3) (magistrates’ court proceedings in which advocacy may be funded as part of the Community Legal Service)—

(a) in paragraph (l) after “section” insert “47M,”, and

(b) after that paragraph (but before the following “and”) insert—

“(m) for the discharge or variation of an order under section 47M of the Proceeds of Crime Act 2002,

(n) which relate to a direction under section 67C of the Proceeds of Crime Act 2002,”.

(3) In paragraph 3(1) (certain Crown Court proceedings in which advocacy may be funded as part of the Community Legal Service)—

(a) after paragraph (a) insert—

“(aa) proceedings which relate to an order under section 47M authorising the detention of property;”, and

(b) after paragraph (d) insert—

“(da) proceedings which relate to an order under section 67A authorising an appropriate officer to realise property;

(db) proceedings which relate to a direction under section 67C;”’.

These amendments ensure that legal aid is available for proceedings under certain provisions which the Bill inserts into the Proceeds of Crime Act 2002. These include proceedings for an order authorising the further detention of seized property and proceedings for an order authorising the sale of seized property.

Amendment 319, in schedule 6, page 142, line 26, at end insert—

‘In section 69(1) (exercise of powers of court and receiver) for “67” substitute “67C”.’.

Section 69 of the Proceeds of Crime Act 2002 provides how the courts must exercise their powers under certain provisions of that Act. This amendment adds powers conferred on courts by provisions of the Bill.

Amendment 320, in schedule 6, page 142, line 26, at end insert—

‘In section 132(1) (exercise of powers of court and administrator) for “131” substitute “131C”.’.

This makes provision equivalent to amendment 319 for Scotland.

Amendment 321, in schedule 6, page 142, line 26, at end insert—

‘In section 217(1) (exercise of powers of court and receiver) for “215” substitute “215C”.’.

This makes provision equivalent to amendment 319 for Northern Ireland.

Amendment 322, in schedule 6, page 142, line 30, at end insert—

‘In section 453A(5) (offences in relation to financial investigators) for paragraph (a) substitute—

“(a) sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);”’.

This adds to the list of powers of an Accredited Financial Investigator that are relevant powers for the purposes of the offence of assaulting an accredited financial investigator who is acting in the exercise of a relevant power.

Amendment 323, in schedule 6, page 143, line 2, at end insert—

‘Access to Justice Act 1999 (c. 22)

In paragraph 2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (c. 22) (certain magistrates’ court proceedings in which advocacy may be funded as part of the Community Legal Service) after “295, 297,” insert “297E, 297F,”.’.

The amendment provides for legal aid to be available for applications to set aside the forfeiture of cash or for the release of cash subject to a forfeiture notice under the new provisions inserted by clause 46 of the Bill.

Amendment 324, in schedule 6, page 145, line 12, leave out ‘any cash is detained under this Chapter’ and insert

‘cash detained under this Chapter was seized in England, Wales or Northern Ireland’.

This and amendments 323 and 324 clarify that compensation under section 302 of the Proceeds of Crime Act 2002 may be claimed only in the part of the UK where the cash was seized. This is necessary because the forfeiture provisions inserted by clause 46 do not apply in Scotland.

Amendment 325, in schedule 6, page 145, line 14, leave out ‘the magistrates’ court or (in Scotland) the sheriff’ and insert ‘a magistrates’ court’.

See Member’s explanatory statement for amendment 324.

Amendment 326, in schedule 6, page 145, line 18, at end insert—

‘(1A) If cash detained under this Chapter was seized in Scotland the person to whom the cash belongs or from whom it was seized may make an application to the sheriff for compensation if no forfeiture order is made in respect of the cash.”’.

See Member’s explanatory statement for amendment 324.

Amendment 327, in schedule 6, page 145, line 26, at end insert—

‘UK Borders Act 2007 (c. 30)

In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) for “section 290” substitute “sections 290 and 297A”.’.

The UK Borders Act 2007 provides that Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 applies to immigration officers as it applies to constables. This amendment deals with the application of the administrative forfeiture scheme inserted by clause 46 to cash seized by immigration officers.

Amendment 328, in schedule 6, page 146, line 29, leave out ‘, (8) and (11A)’ and insert ‘and (8)’.

This amendment and amendment 329 are consequential on amendments 330 and 332.

Amendment 329, in schedule 6, page 146, line 31, at end insert—

‘(3A) In subsection (11A), as inserted by the Violent Crime Reduction Act 2006, omit—

(a) paragraph (b), and

(b) the “or” immediately before that paragraph.’.

See Member’s explanatory statement for amendment 328.

Amendment 330, in schedule 6, page 146, line 31, at end insert—

‘(3B) In subsection (11A), as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007, omit “Subject to subsection (11C),”.’.

This amendment is consequential on amendment 332.

Amendment 331, in schedule 6, page 146, line 32, after ‘(11D)’ insert

‘, as inserted by the Violent Crime Reduction Act 2006’.

This amendment is consequential on amendment 332.

Amendment 332, in schedule 6, page 146, line 36, at end insert—

‘(5) Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007.’.

This amendment omits provisions inserted into section 141 of the Criminal Justice Act 1988 by section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 which are no longer needed in light of the changes made by amendment 313.

Amendment 333, in schedule 6, page 146, line 37, leave out paragraph 62. —(Mr. Campbell.)

This amendment is consequential on amendments 328, 329 and 331.

Schedule 6, as amended, agreed to.