Clause 290 - Report on exercise of powers

Part of Proceeds of Crime Bill – in a Public Bill Committee am 6:15 pm ar 8 Ionawr 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 6:15, 8 Ionawr 2002

I beg to move amendment No. 324, in page 169, line 2, leave out from 'exercised' to end of line 3 and insert

'in cases where the customs officer or constable who exercised them is required to give a report under section 289(6)'.

The amendment is proposed in order to achieve a more accurate consistency between clauses 290 and 289. Clause 289 requires a customs officer or constable who carries out a search for tainted cash under clause 288 to give a written report to an independent person, who is to be appointed for this purpose by the Secretary of State or Scottish Ministers. Such reports must be made when an officer or constable has exercised the power of search without obtaining judicial prior approval and the case has not proceeded to a judicial detention hearing under clause 294.

Clause 290 requires the appointed person to make an annual report on how the search power is being used. Subsection (2) at present requires him to report on all searches carried out without prior judicial approval, even though, under the provisions of clause 289, only some of these searches have to be reported to him. However, it is obvious that the appointed person can report only on the cases that are reported to him. Amendment no. 324 therefore makes clear that the appointed person's annual report should be concerned with the use of the search power only in those cases.