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Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 13, line 11, at end insert—
"(5A)  The first condition is that, if the person whose conduct is in question were charged in any part of the United Kingdom with an offence equivalent to the offence to which the overseas freezing order relates, he would be entitled to be discharged under any rule of law in that part of the United Kingdom relating to previous acquittal or conviction."
Page 13, line 12, leave out "first" and insert "second"
Page 13, line 16, leave out "second" and insert "third"
 

Clause 30

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 17, line 21, at end insert—
"(   )  A request under subsection (1) must specify—
(a)  the reason why it is not desirable or possible for the witness or expert to attend in person; and
(b)  the name of the judicial authority and the names of the persons who will be conducting the hearing."
Page 17, line 26, leave out "the" and insert "that"
Page 17, line 27, leave out "the" and insert "that"
 

Clause 31

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 18, line 20, leave out "the" and insert "that"
Page 18, line 21, leave out "the" and insert "that"
 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 19, line 8, leave out "appears to him to be" and insert "he has reasonable grounds to believe is"
Page 19, line 9, after "country" insert "as defined in subsection (9)"
Page 19, line 22, at end insert—
"(   )  No customer information order shall be issued unless—
(a)  the authority referred to in subsection (2) has included in its application a full explanation of its reasons behind the application, and
(b)  the Secretary of State is satisfied that those reasons are sufficient to justify the issuing of the customer information order."
Page 19, line 33, at end insert—
"(9)  A "participating country" for the purposes of this section shall be defined as a European Union member state which has incorporated similar provisions in domestic law.""
 

Clause 33

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 20, line 3, leave out paragraph (a)
 

Clause 38

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 22, line 33, leave out paragraph (a)
 

After Clause 45

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "Annual report on effects of requests for banking information
(1)  The Secretary of State shall publish each year a report on the effects of requests for banking information introduced under this Act.
(2)  In each report under subsection (1) the Secretary of State shall include—
(a)  a cost assessment of complying with requests for information,
(b)  the frequency of requests from participating countries, and
(c)  the time taken to comply with requests."
 

Clause 47

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 28, line 9, at end insert "except with the permission of the Secretary of State"
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 29, line 3, at end insert "except with the permission of the Secretary of State"
 

Clause 82

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 55, line 28, at end insert—
    "(   )  In subsection (1)(c) it is "not reasonably practicable" for a United Kingdom officer to carry out the surveillance in the United Kingdom only if the duration of the foreign police or customs officer's travel to the United Kingdom is shorter than could reasonably allow for arrangements to be made for a United Kingdom officer to carry out surveillance."
 

Clause 83

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 56, line 38, at end insert—
"(4)  When sentencing a person for an offence of violence not listed in subsections (1) to (3) that is committed against a person carrying out surveillance in the United Kingdom under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23), the court shall treat the person carrying out the surveillance as if he were acting as a constable in the execution of his duty."

 
 
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©Parliamentary copyright 2003
19 February 2003