Crime (International Co-operation) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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"TERRORIST PROPERTY: FREEZING ORDERS

 1      The Terrorism Act 2000 (c. 11) is amended as follows.
 2      In section 123 (orders and regulations), in subsection (2)(i), for "paragraph" there is substituted "paragraphs 11A and".
 3      In Schedule 4 (forfeiture orders), after paragraph 11 there is inserted—
     

    "Domestic and overseas freezing orders

     11A   (1)   This paragraph has effect for the purposes of paragraphs 11B to 11G.
    (2)      The relevant Framework Decision means any Framework Decision of the Council of the European Union which is identified by the Secretary of State by order and is about the execution of orders freezing property or evidence.
    (3)      A listed offence means—
    (a)  an offence described in a prescribed provision of the relevant Framework Decision, or
    (b)  a prescribed offence or an offence of a prescribed description.
    (4)      An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D(3), prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.
    (5)      Specified information, in relation to a certificate under paragraph 11B or 11D, means—
    (a)  any information required to be given by a prescribed document annexed to the relevant Framework Decision, or
    (b)  any prescribed information.
    (6)      In this paragraph, "prescribed" means prescribed by an order made by the Secretary of State.
    (7)      A participating country means—
    (a)  a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule (Terrorist property: freezing orders) to the Crime (International Co-operation) Act 2003, and
    (b)  any other member State designated by an order made by the Secretary of State.
    (8)      "Country" includes territory.
    (9)      Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.
     

    Domestic freezing orders: certification

     11B   (1)   If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph.
    (2)      The High Court may make a certificate under this paragraph if—
    (a)  it makes a restraint order in relation to property in the participating country, and
    (b)  it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.
    (3)      A certificate under this paragraph is a certificate which—
    (a)  is made for the purposes of the relevant Framework Decision, and
    (b)  gives the specified information.
    (4)      If the High Court makes a certificate under this paragraph—
    (a)  the restraint order must provide for notice of the certificate to be given to the person affected by it, and
    (b)  paragraph 6(2) to (4) applies to the certificate as it apples to the restraint order.
     

    Sending domestic freezing orders

     11C   (1)   If a certificate is made under paragraph 11B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—
    (a)  a court exercising jurisdiction in the place where the property is situated, or
    (b)  any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.
    (2)      The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.
    (3)      The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).
    (4)      The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.
      The signature may be an electronic signature.
    (5)      If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).
     

    Overseas freezing orders

     11D   (1)   Paragraph 11E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
    (2)      An overseas freezing order is an order prohibiting dealing with property—
    (a)  which is in the United Kingdom and is terrorist property, and
    (b)  in respect of which an order has been or may be made by a court exercising criminal jurisdiction in that country for the forfeiture of the property on a ground mentioned in sub-paragraph (3),
      and in respect of which the following requirements of this paragraph are met.
    (3)      The grounds are that—
    (a)  the property is likely to be used for the purposes of a listed offence, or
    (b)  the property is the proceeds of the commission of such an offence.
    (4)      The order must relate to—
    (a)  criminal proceedings instituted in the participating country, or
    (b)  a criminal investigation being carried on there.
    (5)      The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
    (6)      The certificate must—
    (a)  be signed by or on behalf of the court or authority which made or confirmed the order,
    (b)  include a statement as to the accuracy of the information given in it,
    (c)  if it is not in English, include a translation of it into English (or, if appropriate, Welsh).
      The signature may be an electronic signature.
    (7)      The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
    (8)      An appropriate court or authority in a participating country in relation to an overseas freezing order is—
    (a)  a court exercising criminal jurisdiction in the country,
    (b)  a prosecuting authority in the country,
    (c)  any other authority in the country which appears to the Secretary of State to have the function of making such orders.
    (9)      References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.
     

    Enforcement of overseas freezing orders

     11E   (1)   Where this paragraph applies the Secretary of State must—
    (a)  by a notice nominate a court in England and Wales to give effect to the overseas freezing order,
    (b)  send a copy of the overseas freezing order to the nominated court and to the Director of Public Prosecutions,
    (c)  tell the Director which court has been nominated.
    (2)      The nominated court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
    (3)      Before giving effect to the overseas freezing order, the nominated court must give the Director an opportunity to be heard.
    (4)      The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
     11F      The nominated court may postpone giving effect to an overseas freezing order in respect of any property—
    (a)  in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
    (b)  if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be removed from the United Kingdom.
     11G   (1)   Where the High Court decides to give effect to an overseas freezing order, it must—
    (a)  register the order in that court,
    (b)  provide for notice of the registration to be given to any person affected by it.
    (2)      For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
    (3)      Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.
    (4)      The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if—
    (a)  the court is of the opinion mentioned in paragraph 11E(4), or
    (b)  the court is of the opinion that the order has ceased to have effect in the participating country.
    (5)      Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.
    (6)      An Order in Council under this paragraph—
    (a)  may make different provision for different cases,
    (b)  is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament."
 4      In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second "order" there is inserted "(other than an overseas freezing order within the meaning of paragraph 11D)".
 5      In paragraph 45 of that Schedule (Insolvency: general provisions), in paragraph (c) of the definition of "restraint order"—
(a)  "external restraint" is omitted,
(b)  after "of" there is inserted "paragraph 11G or of"."
 

Schedule 4

 

THE LORD FILKIN

157Page 67, line 5, leave out "territorial authority" and insert "Secretary of State"
158Page 67, line 7, leave out "the authority" and insert "him"
159Page 67, leave out lines 10 and 11
160Page 67, line 12, leave out paragraph (b)
161Page 67, line 16, leave out "territorial authority" and insert "Secretary of State"
161A*Page 70, line 27, leave out "and 8" and insert ", 8 and 11"
161B*Page 70, line 28, at end insert—
       "In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—
    "(3A)  A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).""
    161C*Page 70, line 29, leave out paragraph 36
    161D*Page 76, line 10, at end insert—
     

    "Armed Forces Act 2001 (c. 19)

      In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—
    (a)  after "section" there is inserted "section 5 of the Criminal Justice (International Co-operation) Act 1990 and",
    (b)  for "is" there is substituted "are"."
     

    Schedule 5

     

    THE LORD FILKIN

    161E*Page 77, line 6, column 2, leave out "and 8" and insert ", 8 and 11"
     

    Before Clause 91

     

    THE LORD FILKIN

    162Insert the following new Clause—
      "Northern Ireland
      An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of Chapter 2 of Part 3 of this Act—
    (a)  is not to be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
    (b)  is to be subject to annulment in pursuance of a resolution of either House of Parliament."

 
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©Parliamentary copyright 2003
28 January 2003