Serious Crime Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 38 to 41. This is part of a larger group of technical amendments which, in the main, make further practical changes to the Proceeds of Crime Act. They are technical in nature, and they support the changes that the Bill had already made to the Proceeds of Crime Act before leaving this House on the first occasion in what my noble and learned friend Lady Scotland described as ““good order””. The main new provisions include providing for a purely management receiver to manage property subject to a freezing order in civil recovery. As this role will not be decisive on the outcome of the case, as it is strictly management, such a role does not need to be independent and could be taken by a member of the enforcement authority, such as the Serious Organised Crime Agency. Other new provisions allow for the appointment of a receiver with the powers to manage and realise property ex parte to allow him to sell perishable goods in advance of other interested parties being heard. There is also a new power to allow for prosecutors to appear in civil cash proceedings under Chapter 3 of Part 5 of the Proceeds of Crime Act. The amendments also allow for the directors of the main prosecution agencies to delegate their civil recovery functions to members of their staff or to contract out such functions. These functions now include the ability to conduct a civil-recovery investigation in order to construct a civil-recovery case and for the disclosure of information to ensure that such investigations can proceed effectively. Amendment No. 41 and other supporting amendments also enable HMRC to disclose information to the Irish Criminal Assets Bureau and other public authorities named in Treasury regulations, for the purposes of the civil recovery of the proceeds of crime. I recommend the amendments to this House, although I am, of course, happy to address the detail of any of them if noble Lords would find that helpful. Moved, that the House do agree with the Commons in their Amendments Nos. 38 to 41. On Question, Motion agreed to. 42: Insert the following new Clause- ““Incidents involving serious violence: powers to stop and search (1) In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word ““or”” at the end of paragraph (a), insert- ““(aa) that- (i) an incident involving serious violence has taken place in England and Wales in his police area; (ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and (iii) it is expedient to give an authorisation under this section to find the instrument or weapon;””. (2) In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert ““Subject to subsection (9ZA),””. (3) After section 60(9) of that Act insert- ““(9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.”” (4) In section 60(9A) of that Act (application to British Transport Police)- (a) after ““place”” insert ““in England and Wales””; and (b) after ““2003”” insert ““and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003””. (5) In section 60(11) of that Act (definitions), in the definition of ““offensive weapon””, after ““1995”” insert ““; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate””. (6) In the heading to section 60 of that Act after ““of”” insert ””, or after,””””