Policing and Crime Bill

My Lords, these amendments would require an officer to obtain appropriate approval in all circumstances before they could use the new powers to search for and seize property. These powers are modelled on the existing search powers under the recovery of cash in summary proceedings provisions in Chapter 3 of Part 5 of the Proceeds of Crime Act. These have been in successful operation since the end of 2002. Under those provisions, as well as under the provisions in this Bill, an officer should obtain the approval of a justice of the peace before conducting a search. If that is not practicable, he must obtain the approval of a senior officer—that is, an inspector or above. If that is not practicable, he can use the powers without such prior approval. A situation might arise in which an officer needs to act immediately to be able to search for and seize property. He might, for example, be searching premises for some other purpose and need to exercise these powers. In these circumstances it may be possible to get senior officer approval, say, by phone, but he cannot practically go off to court. The moment would have passed and the property may have gone. However, there is an expectation that appropriate approval should be obtained in cases. In addition, significant safeguards are attached to the operation of the search and seizure powers. If property is seized, court authority is required for its continued detention beyond 48 hours. If property is not seized following the exercise of the new search powers, or if seized property is not detained for more than 48 hours and judicial approval was not obtained, the officer will be required to report to the appointed person why he believes that the powers were exercisable and why it was not practical to obtain judicial approval. The appointed person is an independent ombudsman appointed under the Act to oversee the operation of the powers in the circumstances that I have outlined. There will therefore be independent oversight of the operation of these powers in all cases. A code of practice will provide guidance on the exercising of these powers. This is yet to be drafted, but it will be subject to a public consultation and will be debated in this House and the other place before it or these powers come into force. The draft skeleton of the code is set out in Annexe B of the Government’s reply to the 10th and 15th reports from the Joint Committee on Human Rights. I hope that that explanation answers the probing points and, in the light of that, I hope that the amendment will be withdrawn.