Policing and Crime Bill

My Lords, this amendment provides that an officer’s power to seize property under the new Proceeds of Crime Act must be exercised proportionately. I absolutely understand the reasoning behind the amendment and fully support the spirit of it. However, I suggest that it is unnecessary. With regard to the powers of the appropriate officer, police officers, for example, have a duty to act with appropriate discretion. The police are a public authority for the purposes of the Human Rights Act and so must act compatibly with individuals’ human rights. Their powers must be used proportionately; they can be judged on that basis; they are trained to act on that basis. In addition, the powers of seizure must be exercised with prior judicial or senior officer authority unless that is not reasonably practicable. That is another level of oversight to ensure proportionality. We are also introducing a detailed code of practice and other safeguards to ensure that the powers are exercised proportionately in compliance with the ECHR. That code of practice will give guidance on proportionality in relation to the exercise of the powers. In conclusion, with those caveats—I think that this was a probing amendment—the amendment is important, but I have covered the points raised. I hope that I have been able to demonstrate that we are already covering those real issues of proportionality. On that basis, I hope that the amendment will be withdrawn.