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.
Policing and Crime Bill
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 bills on Policing and Crime Bill.
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713 c592-3 
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2008-09
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