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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Schedule 4 — Terrorist property: freezing orders

    77

 

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.

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                           (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

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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

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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.

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                           (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

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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

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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.

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                           (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

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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

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orders.

                           (9)                  References in paragraphs 41E to 41G to an overseas freezing order

include its accompanying certificate.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Terrorist property: freezing orders

    78

 

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

5

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

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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

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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

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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

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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.

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                           (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),

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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

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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.”

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  8                 In paragraph 44 of that Schedule (enforcement of orders made in designated

countries), in sub-paragraph (2), after the second “order” there is inserted

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    79

 

  8        “(other than an overseas freezing order within the meaning of paragraph

41D)”.

  9        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,

5

Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G or”.

Schedule 5

Section 90

 

Minor and consequential amendments

The Internationally Protected Persons Act 1978 (c. 17)

  1        The Internationally Protected Persons Act 1978 is amended as follows.

10

  2        In section 2 (supplementary provisions), in subsections (1) and (2), for “and

the United Nations Personnel Act 1997” there is substituted “, the United

Nations Personnel Act 1997 and the Terrorism Act 2000”.

The Suppression of Terrorism Act 1978 (c. 26)

  3        The Suppression of Terrorism Act 1978 is amended as follows.

15

  4        In section 4 (jurisdiction in respect of offences committed outside United

Kingdom), in subsections (4) and (5), for “and the United Nations Personnel

Act 1997” there is substituted “, the United Nations Personnel Act 1997 and

the Terrorism Act 2000”.

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))

20

  5        The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

  6        In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after

“Road Traffic Orders” there is inserted “or Chapter 1 of Part 3 of the Crime

(International Co-operation) Act 2003”.

The Nuclear Material (Offences) Act 1983 (c. 18)

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  7        The Nuclear Material (Offences) Act 1983 is amended as follows.

  8        In section 3 (supplemental), in subsections (1) and (2), for “and the United

Nations Personnel Act 1997” there is substituted “, the United Nations

Personnel Act 1997 and the Terrorism Act 2000”.

The Child Abduction Act 1984 (c. 37)

30

  9        The Child Abduction Act 1984 is amended as follows.

  10       In section 11 (consequential amendments and repeals), in subsection (3),

after “the Internationally Protected Persons Act 1978” there is inserted “and

sections 63B(2) and 63C(2) of the Terrorism Act 2000”.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

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The Criminal Justice Act 1987 (c. 38)

  11       The Criminal Justice Act 1987 is amended as follows.

  12       In section 2 (investigation powers of Director of Serious Fraud Office)—

              (a)             in subsection (1A), for paragraph (b) there is substituted—

                           “(b)                             the Secretary of State acting under section 15(2) of the

5

Crime (International Co-operation) Act 2003, in

response to a request received by him from a person

mentioned in section 13(2) of that Act (an “overseas

authority”).”,

              (b)             in subsection (8A), for the words from “furnished” to the end there is

10

substituted “given to the overseas authority which requested it or

given to the Secretary of State for forwarding to that overseas

authority)”,

              (c)             subsection (8B) is omitted,

              (d)             in subsection (8C), for “transmitted” (in both places) there is

15

substituted “forwarded”,

              (e)             in subsection (18), “(8B)” is omitted.

The Road Traffic Act 1988 (c. 52)

  13       The Road Traffic Act 1988 is amended as follows.

  14       In section 88 (exceptions to offence under section 87)—

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              (a)             in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)”

there is substituted “section 4 of or paragraph 6 or 9”,

              (b)             in subsection (1B)(                a), after “Road Traffic Acts” there is inserted “or

Chapter 1 of Part 3 of the Crime (International Co-operation) Act

2003”.

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  15       In section 92 (requirements as to physical fitness of drivers), in subsection

(7D), after “99D” there is inserted “or 109C”.

  16       In section 94A (driving after refusal or revocation of licence), in subsection

(1)—

              (a)             in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted

30

“section 93”,

              (b)             in paragraph (a)(iii)—

                    (i)                   after “section 99C(1) or (2)” there is inserted “or 109B”,

                    (ii)                  after “Community licence” there is inserted “or Northern

Ireland licence”,

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              (c)             in paragraph (b)(ii), at the end there is inserted “or Northern Ireland

licence”.

  17       In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or

paragraph 6(1) or 9(1)” there is substituted “section 4 of or paragraph 6 or 9”.

  18       In section 100 (appeals relating to licences), in subsection (1)—

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              (a)             in paragraph (c), after “99(3)” there is inserted “or (3A)”,

              (b)             for “or 99C” there is substituted “, 99C or 109B”.

  19       In section 105 (regulations)—

              (a)             in subsection (2)—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

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                    (i)                   in paragraph (a), after “this Act,” there is inserted “Northern

Ireland licences,”,

                    (ii)                  in paragraph (b)(iii), after “this Act” there is inserted “, of

Northern Ireland licences”,

                    (iii)                 in paragraph (ea), after “counterparts” (in the first place)

5

there is inserted “of Northern Ireland licences or” and after

“counterparts” (in the second place) there is inserted “of

Northern Ireland licences or (as the case may be)”,

                    (iv)                  in paragraph (f), before “Community licences” there is

inserted “Northern Ireland licences or”,

10

              (b)             in subsection (5), for “, 91A and” there is substituted “and 91ZA to”.

  20       In section 107 (service of notices), for “99B or 99E” there is substituted “99B,

99E or 109A”.

  21       In section 108 (interpretation), in subsection (1)—

              (a)             in the definition of “counterpart”, the “and” at the end of paragraph

15

(a) is omitted and after that paragraph there is inserted—

                           “(aa)                             in relation to a Northern Ireland licence, has the

meaning given by section 109A of this Act (except in

the definition of “Northern Ireland counterpart”

below), and”,

20

              (b)             in the definition of “Northern Ireland driving licence” and “Northern

Ireland licence”, at the end there is inserted “and “Northern Ireland

counterpart” means the document issued with the Northern Ireland

licence as a counterpart under the law of Northern Ireland”.

  22       In section 109 (provisions as to Northern Ireland drivers’ licences)—

25

              (a)             in subsection (1), after “Great Britain,” there is inserted “in

accordance with that licence,”,

              (b)             in subsection (2), paragraph (b) and the “and” preceding it are

omitted,

              (c)             subsections (3) to (5) are omitted.

30

  23       In section 164 (power of constables to require production of driving licence

etc.)—

              (a)             in subsection (3)—

                    (i)                   in paragraph (a), before “the Secretary of State” there is

inserted “a person is required to deliver his licence and its

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counterpart to the Secretary of State under section 63 of the

Crime (International Co-operation) Act 2003 or”,

                    (ii)                  in paragraph (a)(iii), after “99C” there is inserted “, 109B”,

                    (iii)                 in paragraph (b), after “99C” there is inserted “, 109B” and

after “or 118” there is inserted “or section 63 of the Crime

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(International Co-operation) Act 2003”,

              (b)             in subsection (11)—

                    (i)                   in the definition of “licence”, after “this Act” there is inserted

“, a Northern Ireland licence”,

                    (ii)                  after ““counterpart”,” there is inserted ““Northern Ireland

45

licence”,”.

  24       In section 167 (power of arrest for constable in Scotland), before

“Community licence” there is inserted “Northern Ireland licence or”.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    82

 

  25       In section 173 (forgery of documents, etc.)—

              (a)             in subsection (2)(aa), after “counterpart of a” there is inserted

“Northern Ireland licence or”,

              (b)             in subsection (4), for “and “Community licence”” there is substituted

“, “Community licence” and “Northern Ireland licence””.

5

  26       In section 176 (power to seize certain articles)—

              (a)             in subsection (1A), before “Community licence” (in both places) there

is inserted “Northern Ireland licence or”,

              (b)             in subsection (3A), after “such licence or” there is inserted “of a

Northern Ireland licence or”,

10

              (c)             in subsection (8), for “and “Community licence”” there is substituted

“, “Community licence” and “Northern Ireland licence””.

  27       In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for

“91A,” there is substituted “91ZA to”.

The Road Traffic Offenders Act 1988 (c. 53)

15

  28       The Road Traffic Offenders Act 1988 is amended as follows.

  29       In section 3 (restriction on institution of proceedings for certain offences), in

subsection (2A), after “99D” there is inserted “or 109C”.

  30       In section 26 (interim disqualification), in subsection (10), for the words from

“and 91A(5)” to “licences)” there is substituted “, 91ZA(7) and 91A(5) of this

20

Act”.

  31       In section 98 (general interpretation), in subsection (1)—

              (a)             in the definition of “the provisions connected with the licensing of

drivers”, for “91A,” there is substituted “91ZA to”,

              (b)             for “and “EEA State”” there is substituted “, “EEA State” and

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“Northern Ireland licence””.

  32       In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act

apply)—

              (a)             in the entry for section 94(3) of the Road Traffic Act 1988, in column

1, at the end there is inserted “or 109C”,

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              (b)             in the entry for section 94(3A) of that Act, in column 1, at the end

there is inserted “or 109C(c)”,

              (c)             in the entry for section 94A of that Act, in column 2, at the end there

is inserted “or 109B”,

              (d)             in the entry for section 99B(11) of that Act—

35

                    (i)                   in column 1, at the end there is inserted “and that subsection

as applied by RTA section 109A(5)”,

                    (ii)                  in column 2, at the end there is inserted “or a requirement

under section 99B(6) or (7) as applied by section 109A(5)”.

  33       In Schedule 2 (prosecution and punishment of offences)—

40

              (a)             in the entry for section 94(3) of the Road Traffic Act 1988, in column

2, at the end there is inserted “or 109C”,

              (b)             in the entry for section 94(3A) of that Act, in column 2, at the end

there is inserted “or 109C(c)”,

 

 

Crime (International Co-operation) Bill [HL]
Schedule 5 — Minor and consequential amendments

    83

 

              (c)             in the entry for section 94A of that Act, in column 2, at the end there

is inserted “or 109B”,

              (d)             in the entry for section 99B(11) of that Act—

                    (i)                   in column 1, at the end there is inserted “and that subsection

as applied by RTA section 109A(5)”,

5

                    (ii)                  in column 2, at the end there is inserted “or a requirement

under section 99B(6) or (7) as applied by section 109A(5)”,

              (e)             the entry for section 109 of that Act is omitted,

              (f)             before the entry for section 114 of that Act there is inserted—

 

“RTA section

Failure to

Summarily.

Level 3 on

    

10

 

109B(4)

deliver

 

the standard

    
  

Northern

 

scale.”

    
  

Ireland

      
  

licence to

      
  

Secretary of

      

15

  

State when

      
  

required by

      
  

notice under

      
  

section 109B.

      

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

20

  34       The Criminal Justice (International Co-operation) Act 1990 is amended as

follows.

  35       Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of

evidence) are omitted.

  36                In section 5 (transfer of UK prisoner to give evidence or assist investigation

25

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

30

sentences).”

  37       Schedule 1 (proceedings of nominated court) is omitted.

The Road Traffic (New Drivers) Act 1995 (c. 13)

  38       The Road Traffic (New Drivers) Act 1995 is amended as follows.

  39       In section 2 (surrender of licences), at the end there is inserted—

35

              “(6)                In this section and section 3 “licence” includes a Northern Ireland

licence.”

  40       In section 3 (revocation of licences)—

              (a)             after subsection (1) there is inserted—

                    “(1A)                      Where the Secretary of State serves on the holder of a

40

Northern Ireland licence a notice under subsection (1), the

 

 

 
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