New Clause 35 - Appeal against detention of documents

Renters (Reform) Bill – in a Public Bill Committee am 3:00 pm ar 28 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) Where documents are being detained as the result of the exercise of a power in this Chapter, a person with an interest in the documents may apply for an order requiring them to be released to that or another person.

(2) An application under this section may be made—

(a) to any magistrates’ court in which proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b) if no proceedings within paragraph (a) have been brought, by way of complaint to a magistrates’ court.

(3) On an application under this section, the court may make an order requiring documents to be released only if satisfied that condition A or B is met.

(4) Condition A is that—

(a) no proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b) the period of 6 months beginning with the date the documents were seized has expired.

(5) Condition B is that—

(a) proceedings of a kind mentioned in subsection (4)(a) have been brought, and

(b) those proceedings have been concluded.

(6) A person aggrieved by an order made under this section by a magistrates’ court, or by the decision of a magistrates' court not to make such an order, may appeal against the order or decision to the Crown Court.

(7) An order made under this section by a magistrates’ court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.”—

This new clause makes provision about appeals against detention of documents seized under NC33.

Brought up, read the First and Second time, and added to the Bill.