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, in moving Amendment 152T, I will also speak to Amendments 152U and 152X. Again, these are probing amendments, and they relate to seizure. The exercise of property seizure powers under Section 47C is allowed only where there is "appropriate approval", which is defined in Section 47G as, ""the approval of a justice of the peace or (if that is not practicable … ) … a senior officer"." I will come back to the level of judicial approval that should be required in our debates on later amendments. My concern here is that the Government’s legislation will permit these powers to be exercised when, ""in the circumstances, it is not practicable to obtain that approval before exercising the power"." What circumstances are the Government referring to, or envisaging, in which approval would not be sought from a judicial figure? I am also not clear whether, if judicial approval is not sought, the appropriate officer is none the less always required to seek the approval of someone who is called, and defined as, a "senior officer". Will the Minister confirm that? If there are also circumstances in which it would not be practicable to obtain approval even from a senior officer—I have to say that I find that hard to believe—will the Minister give your Lordships’ House examples of the sorts of circumstances in which that could arise? Although amendments have not been tabled to Sections 195C to F, which can be found on page 60 of the Bill and which include such powers to search a property, the same considerations certainly apply here. I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 713 c592-3
- 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
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