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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 5

 

THE LORD FILKIN

Page 4, line 1, at beginning insert "the citation"
Page 4, line 1, after "document" insert "issued is"
Page 4, line 10, at beginning insert "the citation"
Page 4, line 10, after "document" insert "issued is"
 

Clause 11

 

THE LORD FILKIN

Page 7, line 35, at end insert—
"(   )  The judicial authority is to send the order to the Secretary of State or the Lord Advocate before the end of the period of 14 days beginning with its being made."
 

Clause 21

 

THE LORD FILKIN

Page 13, line 14, after "relates" insert "or in the United Kingdom with a corresponding offence"
Page 13, line 15, leave out "in that country"
 

Clause 28

 

THE LORD FILKIN

Page 16, line 9, leave out from "(c. 60)" to "or" in line 10 and insert "Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (c. 29)"
 

Clause 29

 

THE LORD FILKIN

Page 17, line 5, after "(c. 33)" insert "or Article 81(1A) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))"
 

Schedule 2

 

THE LORD FILKIN

Page 63, line 34, leave out "may" and insert "is to"
 

Clause 47

 

THE LORD FILKIN

Page 28, line 22, leave out "(4)" and insert "(3A)"
 

Clause 51

 

THE LORD FILKIN

Page 30, line 17, leave out from "article" to "applies" and insert "3(1) of the Mutual Legal Assistance Convention"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 30, line 49, at end insert—
"(2A)  Each order made under subsection (2)(b) may only designate one country."
 

Before Clause 52

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "International Anti-Terrorism Co-ordinator
  The Prime Minister shall appoint a Minister of the Crown to co-ordinate international co-operation between the United Kindom and other countries in respect of investigations into, and the prevention of, terrorism."
 

After Clause 80

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "
(1)  It shall be the duty of the Secretary of State to facilitate the work of—
(a)  police forces in Great Britain,
(b)  the Police Service of Northern Ireland,
(c)  the National Criminal Intelligence Service, and
(d)  the National Crime Squad,
  in preventing the unlawful importation of firearms into the United Kingdom by ensuring effective international co-operation between those bodies and other foreign and international law enforcement agencies.
(2)  When the Secretary of State is—
(a)  preparing a National Policing Plan under section 36A of the Police Act 1996 (c. 16) (national policing plan);
(b)  determining objectives for the policing of the areas of all police authorities under section 37 of that Act (setting of objectives for police authorities),
(c)  determining objectives for the National Criminal Intelligence Service under section 26 of the Police Act 1997 (setting of objectives);
(d)  determining objectives for the National Crime Squad under section 71 of that Act (setting of objectives);
  he shall have regard to the desirability of ensuring effective co-operation with foreign and international law enforcement agencies to prevent the unlawful importation of firearms into the United Kingdom."
 

Clause 82

 

THE LORD FILKIN

Page 55, line 28, leave out "corresponding Scottish legislation" and insert "Regulation of Investigatory Powers (Scotland) Act 2000"
Page 55, line 40, leave out "a" and insert "the"
Page 55, line 42, leave out "an" and insert "any"
Page 55, line 42, after "if" insert "—
(a)  the condition mentioned in subsection (5A) is satisfied;
(b)  the officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; and"
Page 56, line 1, leave out "An" and insert "The"
Page 56, line 3, at end insert—
"(5A)  The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom—
(a)  he notifies a person designated by the Director General of the National Criminal Intelligence Service of that fact; and
(b)  (if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance."
Page 56, leave out lines 21 to 25
Page 56, line 27, at end insert—
 ""United Kingdom officer" means—
(a)  a member of a police force;
(b)  a member of the National Criminal Intelligence Service;
(c)  a member of the National Crime Squad or of the Scottish Crime Squad (within the meaning of the Regulation of Investigatory Powers (Scotland) Act 2000);
(d)  a customs officer"
 

After Clause 82

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Foreign surveillance operations: annual report
  The Secretary of State shall appoint an independent person to make an annual report to him on the conduct of foreign surveillance operations in the United Kingdom under inserted section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) (foreign surveillance operations), and shall lay that report before Parliament within one month of receiving it."
 

Schedule 4

 

THE LORD FILKIN

Page 66, line 12, after "11A" insert "25A, 41A"
Page 66, line 13, leave out from "In" to ", after" and insert "Part 1 of Schedule 4 (forfeiture orders: England and Wales)"
Page 66, line 27, leave out "11D(3)" and insert "11D"
Page 68, line 16, leave out from "Kingdom" to end of line 21 and insert—
"(b)  which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and
(c)  in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,"
Page 68, leave out lines 24 to 28 and insert—
"(3)      The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism."
Page 69, leave out lines 14 to 19 and insert "send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions."
Page 69, line 20, leave out "nominated"
Page 69, line 22, leave out "nominated"
Page 69, line 28, leave out "nominated court" and insert "High Court"
Page 69, line 33, leave out from "be" to end of line 34 and insert "dealt with"
Page 70, line 2, at end insert "or to the extent that"
Page 70, line 17, at end insert—
      "In Part 2 of that Schedule (forfeiture orders: Scotland) after paragraph 25 there is inserted—
     

    "Domestic and overseas freezing orders

     25A   (1)   This paragraph has effect for the purposes of paragraphs 25B to 25G.
    (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 25D, 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 25B or 25D, 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 4 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

     25B   (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 Court of Session to make a certificate under this paragraph.
    (2)      The Court of Session 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 Court of Session 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 19(2) to (4) applies to the certificate as it apples to the restraint order.
     

    Sending domestic freezing orders

     25C   (1)   If a certificate is made under paragraph 25B, the restraint order and the certificate are to be sent to the Lord Advocate 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 Lord Advocate for forwarding as mentioned in sub-paragraph (1).

 
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©Parliamentary copyright 2003
20 February 2003