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Proceeding contribution from Baroness Neville-Jones (Conservative) in the House of Lords on Tuesday, 20 October 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Policing and Crime Bill.

Policing and Crime Bill

My Lords, I shall speak also to Amendments 152R and 152S. These are probing amendments which address what seems to us to be a pre-emptive power currently in the Bill. The conditions for the exercise of powers to seize property under Section 47C are various, and include the fact that an application by the prosecutor has been made and not concluded. However, they also allow an appropriate officer to exercise the powers if he "believes" that such an application should be made. That is my difficulty. Can the Minister tell us why that is—why he has to have a ground only of "belief"? What would constitute such a belief when such an application was made? What if the officer is wrong and an application is not actually made? We on these Benches consider that those powers must be exercised only when an application by a prosecutor has been made. I beg to move.

Secondary information

Type
Proceeding contribution
Reference
713 c590 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Complaints Disclosure of information Criminal records Codes of practice Accountability Crime prevention Crime Bail Demonstrations Assets Costs Confiscation orders Crown dependencies Aircraft Airports Customs officers British Transport Police Department for Transport Crown Court Finance Fees and charges Licensing Extradition Human rights Immigration Genetics Drugs Isle of Man Home Office Independent Police Complaints Commission Ministerial powers Parking Personal records Northern Ireland Police Powers Public appointments Proceeds of crime Property Railway stations Magistrates' courts Proof of identity Police authorities Scotland Vetting Stop and search Republic of Ireland Training Security Trespass Right of search Video recordings Rendition Sex establishments Airspace Common travel area European arrest warrants
Legislation
Policing and Crime Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk