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

Crime (International Co-operation) Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 17th February 2003, as follows—

Clauses 80 to 89
Schedule 4
Clause 90
Schedules 5 and 6
Clauses 91 to 95

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 80

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

71Insert the following new Clause—
  "Firearms: international co-operation and general duty of the Secretary of State
(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

72Page 55, line 28, leave out "corresponding Scottish legislation" and insert "Regulation of Investigatory Powers (Scotland) Act 2000"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

73Page 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."
 

THE LORD CARLISLE OF BUCKLOW
THE BARONESS ANELAY OF ST JOHNS

74Page 55, line 37, after "party" insert ", which is an offence under the law of any part of the United Kingdom"
75Page 55, line 39, at end insert—
    "(   )  A foreign police or customs officer carrying out relevant surveillance in the United Kingdom under this section shall ensure that such persons as may be designated by order made by the Secretary of State are immediately informed of the fact that the United Kingdom's border has been crossed."
76Page 55, line 39, at end insert—
    "(   )  A foreign police or customs officer conducting relevant surveillance in the United Kingdom under this section shall be prohibited from—
    (a)  entering a private home or any other place not accessible to the public; or
    (b)  challenging or arresting a person under surveillance."
77Page 55, leave out lines 40 to 44
 

THE LORD FILKIN

78Page 55, line 40, leave out "a" and insert "the"
79Page 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"
80Page 55, line 42, leave out "an" and insert "any"
 

THE LORD CARLISLE OF BUCKLOW
THE BARONESS ANELAY OF ST JOHNS

81Page 55, line 44, at end insert—
    "(4A)  Nothing in this section shall render lawful the carrying of a firearm within the United Kingdom by a foreign police or customs officer except with the permission of either—
    (a)  the Secretary of State acting personally, or
    (b)  a chief officer of police acting personally.
    (4B)  The permission to carry a firearm referred to in subsection (4A) may only be given in circumstances in which it would be given to a constable acting under the law of the United Kingdom.
    (4C)  Where the permission to carry a firearm is given to a foreign police or customs officer under this section, then that firearm may only be used reasonably and in self-defence."
82Page 56, leave out lines 1 to 3
 

THE LORD FILKIN

83Page 56, line 1, leave out "An" and insert "The"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

84*Page 56, line 1, leave out "An" and insert "The foreign police or customs"
85Page 56, line 2, leave out "which is incidental to" and insert "in the course of carrying out"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

86Page 56, line 2, leave out "incidental to" and insert "a necessary element of"
 

THE LORD FILKIN

87Page 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."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

88Page 56, line 5, after second "the" insert "foreign police or customs"
89Page 56, line 5, at end insert "or its territorial waters"
90Page 56, line 7, after first "the" insert "foreign police or customs"
 

THE LORD FILKIN

91Page 56, leave out lines 21 to 25
92Page 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

93Insert 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."
 

Clause 83

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

94Page 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 the inserted 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."
 

Clause 84

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

95Page 57, line 4, leave out "in the course of carrying out" and insert "which is incidental to"
 

Schedule 4

 

THE LORD FILKIN

96Page 66, line 12, after "11A" insert "25A, 41A"
97Page 66, line 13, leave out from "In" to ", after" and insert "Part 1 of Schedule 4 (forfeiture orders: England and Wales)"
98Page 66, line 27, leave out "11D(3)" and insert "11D"
 

THE LORD GOODHART
THE LORD DHOLAKIA

99Page 67, line 16, leave out "that there is a good arguable case"
 

THE LORD FILKIN

100Page 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,"
101Page 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."
102Page 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."
103Page 69, line 20, leave out "nominated"
104Page 69, line 22, leave out "nominated"
105Page 69, line 28, leave out "nominated court" and insert "High Court"
106Page 69, line 33, leave out from "be" to end of line 34 and insert "dealt with"
107Page 70, line 2, at end insert "or to the extent that"
108Page 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 applies to the restraint order.

 
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©Parliamentary copyright 2003
28 February 2003