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

House of Lords

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Sending domestic freezing orders

 41C   (1)   If a certificate is made under paragraph 41B, 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

 41D   (1)   Paragraph 41E 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,
(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,
  and in respect of which the following requirements of this paragraph are met.
(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.
(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.
  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 41E to 41G to an overseas freezing order include its accompanying certificate.
 

Enforcement of overseas freezing orders

 41E   (1)   Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland.
(2)      The 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 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).
 41F      The High 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 dealt with.
 41G   (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 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33.
(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 Prosecution for Northern Ireland or any other person affected by it, if or to the extent that—
(a)  the court is of the opinion mentioned in paragraph 41E(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 Northern Ireland 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."
      In paragraph 44 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 41D)"."
109Page 70, line 18, leave out paragraph 5 and insert—
      "In Part 4 of that Schedule (insolvency), in paragraph 45, in paragraph (c) of the definition of "restraint order", for the words from "external" to "virtue" there is substituted "order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G or"."
 

Clause 92

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

110Page 61, line 4, at end insert—
"(   )  An order made by the Scottish Ministers under subsection (1) may only extend to Scotland."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

111Page 61, line 4, at end insert—
"(2A)  Before making an order under subsection (1), the Secretary of State shall consult the Scottish Ministers.
(2B)  Before making an order under subsection (1) the Scottish Ministers shall consult the Secretary of State."
112Page 61, line 13, after "to," insert "applies with modification,"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

113Page 61, line 23, at end insert—
"(   )  This section shall cease to have effect at the end of three years beginning with the date on which it comes into force."
 

After Clause 92

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

114Insert the following new Clause—
  "Expiry after three years
(1)  Subject to subsection (2), this Act shall cease to have effect at the expiry of three years, starting with the date that the Act is given Royal Assent.
(2)  Subsection (1) shall not apply if, before the expiry of the three years, the Secretary of State provides by order made by statutory instrument that the Act shall continue in force.
(3)  An order may not be made under subsection (2) unless a draft of the order has first been laid before and approved by resolution of each House of Parliament."

 
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24 February 2003