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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

    53

 

                  (e)                 in subsection (5), the words “applicant or” and the words from

the beginning of paragraph (c) to “provisional licence” were

omitted,

                  (f)                 in subsection (6)(b), the words “applicant or” (in both places)

were omitted,

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                  (g)                 in subsection (7), the words “applicant or” were omitted, and

                  (h)                 in subsection (8)—

                        (i)                        for “93” there were substituted “109B”, and

                        (ii)                       the words “applicant or” (in both places) were omitted.”

     (3)    In section 93 (revocation of licence because of disability or prospective

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disability)—

           (a)           in subsection (2A), at the end there is inserted “or subsection (6) below”,

           (b)           at the end there is inserted—

                  “(5)                    Where the Secretary of State—

                        (a)                        is at any time sent by the licensing authority in Northern

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Ireland a licence under a provision of Northern Ireland

law corresponding to section 109B of this Act, and

                        (b)                        by virtue of the reasons given by that authority for

sending the licence is at that time satisfied as mentioned

in subsection (1)(a) and (b) above or that the licence

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holder is suffering from a prospective disability,

                                      the Secretary of State may serve notice in writing on the licence

holder revoking the licence with effect from such date as may be

specified in the notice, not being earlier than the date of service

of the notice.

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                  (6)                    Where the reasons given by the licensing authority in Northern

Ireland for sending the licence relate to a prospective disability

of the holder, the Secretary of State may, on an application made

for the purposes of this subsection, grant to the holder, free of

charge, a new licence for a period determined by the Secretary

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of State under section 99(1)(b) of this Act.”

Part 4

Miscellaneous

Information

 81    Disclosure of information by SFO

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     (1)    In section 3 of the Criminal Justice Act 1987 (c. 38) (disclosure of information)—

           (a)           in subsection (5), for paragraph (c) there is substituted—

                        “(c)                           for the purposes of any criminal investigation or

criminal proceedings, whether in the United Kingdom

or elsewhere”,

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           (b)           at the end of subsection (6) there is inserted—

                        “(n)                           any person or body having, under the Treaty on

European Union or any other treaty to which the United

Kingdom is a party, the function of receiving

information of the kind in question,

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Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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                        (o)                           any person or body having, under the law of any

country or territory outside the United Kingdom, the

function of receiving information relating to the

proceeds of crime”,

                         and the “and” preceding paragraph (m) is omitted.

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 82    Inspection of overseas information systems

After section 54 of the Data Protection Act 1998 (c. 29) there is inserted—

       “54A   Inspection of overseas information systems

           (1)           The Commissioner may inspect any personal data recorded in—

                  (a)                 the Schengen information system,

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                  (b)                 the Europol information system,

                  (c)                 the Customs information system.

           (2)           The power conferred by subsection (1) is exercisable only for the

purpose of assessing whether or not any processing of the data has

been or is being carried out in compliance with this Act.

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           (3)           The power includes power to inspect, operate and test equipment

which is used for the processing of personal data.

           (4)           Before exercising the power, the Commissioner must give notice in

writing of his intention to do so to the data controller.

           (5)           But subsection (4) does not apply if the Commissioner considers that

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the case is one of urgency.

           (6)           Any person who—

                  (a)                 intentionally obstructs a person exercising the power conferred

by subsection (1), or

                  (b)                 fails without reasonable excuse to give any person exercising

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the power any assistance he may reasonably require,

                         is guilty of an offence.

           (7)           In this section—

                                  “the Customs information system” means the information system

established under Chapter II of the Convention on the Use of

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Information Technology for Customs Purposes,

                                  “the Europol information system” means the information system

established under Title II of the Convention on the

Establishment of a European Police Office,

                                  “the Schengen information system” means the information system

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established under Title IV of the Convention implementing the

Schengen Agreement of 14th June 1985, or any system

established in its place in pursuance of any Community

obligation.”

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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Cross-border surveillance

 83    Foreign surveillance operations

After section 76 of the Regulation of Investigatory Powers Act 2000 (c. 23) there

is inserted—

       “76A  Foreign surveillance operations

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           (1)           This section applies where—

                  (a)                 a foreign police or customs officer is carrying out relevant

surveillance outside the United Kingdom which is lawful under

the law of the country or territory in which it is being carried

out;

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                  (b)                 circumstances arise by virtue of which the surveillance can for

the time being be carried out only in the United Kingdom; and

                  (c)                 it is not reasonably practicable in those circumstances to request

a person in the United Kingdom to apply for an authorisation

under Part 2, or the corresponding Scottish legislation, for the

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carrying out of the surveillance.

           (2)           “Relevant surveillance” means surveillance which—

                  (a)                 is carried out in relation to a person who is suspected of having

committed a relevant crime; and

                  (b)                 is, for the purposes of Part 2, directed surveillance or intrusive

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surveillance.

           (3)           “Relevant crime” means crime which—

                  (a)                 falls within Article 40(7) of the Schengen Convention; or

                  (b)                 is crime for the purposes of any other international agreement

to which the United Kingdom is a party and which is specified

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for the purposes of this section in an order made by the

Secretary of State with the consent of the Scottish Ministers.

           (4)           Relevant surveillance carried out by a foreign police or customs officer

in the United Kingdom during the permitted period is to be lawful for

all purposes if conditions specified in an order made by the Secretary

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of State with the consent of the Scottish Ministers are satisfied in

relation to its carrying out.

           (5)           An officer is not to be subject to any civil liability in respect of any

conduct of his which is incidental to any surveillance that is lawful by

virtue of subsection (4).

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           (6)           “The permitted period” means the period of five hours beginning with

the time when the officer enters the United Kingdom.

           (7)           But a person designated by an order made by the Secretary of State may

notify the officer that the surveillance is to cease being lawful by virtue

of subsection (4) when he gives the notification.

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           (8)           The Secretary of State is not to make an order under subsection (4)

unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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           (9)           In this section references to a foreign police or customs officer are to a

police or customs officer who, in relation to a country or territory other

than the United Kingdom, is an officer for the purposes of—

                  (a)                 Article 40 of the Schengen Convention; or

                  (b)                 any other international agreement to which the United

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Kingdom is a party and which is specified for the purposes of

this section in an order made by the Secretary of State with the

consent of the Scottish Ministers.

           (10)          In this section—

                                  “the corresponding Scottish legislation” means an enactment

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contained in or made under an Act of the Scottish Parliament

which makes provision, corresponding to that made by Part 2,

for the authorisation of directed surveillance and intrusive

surveillance;

                                  “the Schengen Convention” means the Convention implementing

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the Schengen Agreement of 14th June 1985.”

 84    Assaults on foreign officers

     (1)    For the purposes of section 89 of the Police Act 1996 (c. 16) (assaults on

constables) any person who is carrying out surveillance in England and Wales

under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) is

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to be treated as if he were acting as a constable in the execution of his duty.

     (2)    For the purposes of section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults

on constables) any person who is carrying out surveillance in Scotland under

section 76A of that Act of 2000 is to be so treated.

     (3)    For the purposes of section 66 of the Police (Northern Ireland) Act 1998 (c. 32)

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(assaults on constables) any person who is carrying out surveillance in

Northern Ireland under section 76A of that Act of 2000 is to be so treated.

 85    Liability in respect of foreign officers

     (1)    Section 42 of the Police Act 1997 (liability of Director General of NCIS for

wrongful acts of constables etc.) is amended as follows.

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     (2)    After subsection (5A) there is inserted—

           “(5AA)              This section shall have effect where a person is carrying out

surveillance under section 76A of the Regulation of Investigatory

Powers Act 2000 (foreign surveillance operations) as if—

                  (a)                 any unlawful conduct by that person in the course of carrying

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out the surveillance were unlawful conduct of a constable in the

performance of his functions under the direction and control of

the Director General of NCIS; and

                  (b)                 subsection (4) applied to the person carrying out the

surveillance.”

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     (3)    Where—

           (a)           a sum is paid by virtue of this section out of the NCIS service fund, and

           (b)           the Secretary of State receives under any international agreement a sum

by way of reimbursement (in whole or in part) of the sum paid out of

that fund,

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Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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            he must pay into that fund the sum received by him by way of reimbursement.

Extradition

 86    Schengen-building provisions of the 1996 Extradition Convention

     (1)    This section applies where a state is a party to the 1996 Extradition Convention,

but only in respect of particular provisions (“the relevant provisions”).

5

     (2)    The 1996 Extradition Convention is the Convention drawn up on the basis of

Article K.3 of the Treaty on European Union relating to Extradition between

the Member States of the European Union and opened for signature on 27th

September 1996.

     (3)    Her Majesty may by Order in Council provide that the Extradition Act 1989

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(c. 33) is to apply, subject to specified modifications, between—

           (a)           the United Kingdom, and

           (b)           the state,

            as if the relevant provisions were general extradition arrangements (within the

meaning of that Act) made between the United Kingdom and the state.

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     (4)    “Specified” means specified in the Order in Council.

     (5)    A statutory instrument containing the Order in Council is subject to annulment

in pursuance of a resolution of either House of Parliament.

     (6)    The Order in Council may include supplementary, incidental, saving or

transitional provisions.

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 87    States in relation to which 1995 and 1996 Extradition Conventions not in force

     (1)    Her Majesty may by Order in Council provide that Schedule 1A to the

Extradition Act 1989 is to apply in relation to a specified state as if—

           (a)           the state were a party to the 1995 Convention and a party to the 1996

Convention (within the meaning of that Act), and

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           (b)           the state had made a declaration under a specified provision of either

Convention.

     (2)    “Specified” means specified in the Order in Council.

     (3)    A statutory instrument containing the Order in Council is subject to annulment

in pursuance of a resolution of either House of Parliament.

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     (4)    The Order in Council may include supplementary, incidental, saving or

transitional provisions.

False monetary instruments

 88    False monetary instruments: England and Wales and Northern Ireland

     (1)    Section 5 of the Forgery and Counterfeiting Act 1981 (c. 45) (offences relating

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to money orders, share certificates, passports, etc.) is amended as follows.

     (2)    In subsection (5)—

           (a)           in paragraph (g), at the end there is inserted “and other bills of

exchange”,

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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           (b)           after paragraph (h) there is inserted—

                        “(ha)                           bankers’ drafts;

                        (hb)                           promissory notes;”,

           (c)           after paragraph (j) there is inserted—

                        “(ja)                           debit cards;”.

5

     (3)    After subsection (6) there is inserted—

           “(7)              An instrument is also an instrument to which this section applies if it is

a monetary instrument specified for the purposes of this section by an

order made by the Secretary of State.

           (8)              The power under subsection (7) above is exercisable by statutory

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instrument subject to annulment in pursuance of a resolution of either

House of Parliament.”

 89    False monetary instruments: Scotland

After section 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

there is inserted—

15

“False monetary instruments

       46A            False monetary instruments

           (1)           A person who counterfeits or falsifies a specified monetary instrument

with the intention that it be uttered as genuine is guilty of an offence.

           (2)           A person who has in his custody or under his control, without lawful

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authority or excuse—

                  (a)                 anything which is, and which he knows or believes to be, a

counterfeited or falsified specified monetary instrument; or

                  (b)                 any machine, implement or computer programme, or any paper

or other material, which to his knowledge is specially designed

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or adapted for the making of a specified monetary instrument,

                         is guilty of an offence.

           (3)           For the purposes of subsections (1) and (2)(a) above, it is immaterial

that the specified monetary instrument (or purported specified

monetary instrument) is not in a fit state to be uttered or that the

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counterfeiting or falsifying of it has not been finished or perfected.

           (4)           A person guilty of an offence under this section is liable on summary

conviction—

                  (a)                 to a fine not exceeding the statutory maximum;

                  (b)                 to imprisonment for a term not exceeding six months; or

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                  (c)                 both to a fine and to such imprisonment.

           (5)           A person guilty of an offence—

                  (a)                 under subsection (1) above is liable on conviction on

indictment—

                        (i)                        to a fine;

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                        (ii)                       to imprisonment for a term not exceeding ten years; or

                        (iii)                      both to a fine and to such imprisonment;

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

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                  (b)                 under subsection (2) above is liable on conviction on

indictment—

                        (i)                        to a fine;

                        (ii)                       if it is proved that the offence was committed with the

intention that the specified monetary instrument in

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question be uttered (or as the case may be that a

specified monetary instrument be uttered), to

imprisonment for a term not exceeding ten years and if

it is not so proved, to imprisonment for a term not

exceeding two years; or

10

                        (iii)                      both to a fine and to imprisonment for a term not

exceeding ten years, if it is proved as mentioned in sub-

paragraph (ii) above, or both to a fine and to

imprisonment for a term not exceeding two years if it is

not so proved.

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           (6)           Where an offence under this section which has been committed—

                  (a)                 by a body corporate is proved to have been committed with the

consent or connivance of, or to be attributable to any neglect on

the part of, a director, manager, secretary or other similar officer

of that body; or

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                  (b)                 by a Scottish partnership is proved to have been committed

with the consent or connivance of, or to be attributable to any

neglect on the part of, a member of that partnership,

                         or by any person who was purporting to act in any such capacity, he as

well as the body corporate, or as the case may be the partnership, is

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guilty of that offence and is liable to be proceeded against and punished

accordingly.

           (7)           Where the affairs of a body corporate are managed by its members,

subsection (6) above applies in relation to the actings and defaults of a

member in connection with his functions of management as if he were

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a director of the body corporate.

           (8)           In subsections (1) to (5) above, “specified” means for the time being

specified for the purposes of this section, by order made by the Scottish

Ministers.

           (9)           The power to make an order under subsection (8) above—

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                  (a)                 includes power to make such incidental, supplemental,

transitional or transitory provision as the Scottish Ministers

think necessary or expedient; and

                  (b)                 is exercisable by statutory instrument.

           (10)          A statutory instrument containing such an order is subject to

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annulment in pursuance of a resolution of the Scottish Parliament.”

 

 

 
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