Agenda item

To consider the report of the Chief Executive, (copy enclosed).

The Council considered the report of the Chief Executive providing an update on the Proceeds of Crime Act 2002 (POCA). 

The report provided background information following the introduction in 2002 of POCA.  POCA was a legislative scheme which makes provision for the recovery of criminal assets, with criminal confiscation being the most commonly used power.  Members were advised that the Council had a number of services and areas which had the potential to take advantage of POCA.  The advantages to the Council of seeking to make use of the POCA provisions were set out in the report.

The Chief Executive explained that in consultation with applicable Members and Officers she would consider the appropriateness and expediency of authorising the use of POCA powers in appropriate cases in which a defendant had benefited from their criminal conduct or a criminal lifestyle.

Councillor R G Boyce advised he was unhappy with the report and felt that further information and explanation was required.  He proposed that the application be deferred to allow for further detailed information to come forward.  This proposal was duly seconded.

A debate ensued, during which further information was provided by the Chief Executive.  Councillor M F L Durham proposed that the recommendations as set out on the report be agreed.  This was duly seconded.

Following further discussion the Chairman put the proposal from Councillor Boyce of deferral.

In accordance with Procedure Rule No. 13 (3) Councillor Miss M R Lewis requested a recorded vote.  This was duly seconded

For the recommendation:

Councillors R G Boyce, A T Cain, R P F Dewick, M W Helm, S J Savage and
A K M St. Joseph

Against the recommendation:

Councillors Mrs B F Acevedo, E L Bamford, H M Bass, Miss A M Beale, B S Beale, Mrs P A Channer, M F L Durham, I E Dobson, Mrs H E Elliott, A S Fluker,
Mrs B D Harker, B E Harker, M S Heard, Miss M R Lewis, R Pratt, N R Pudney,
Mrs N G F Shaughnessy, Rev. A E J Shrimpton, and Mrs M E Thompson.

Abstention:

Councillors P G L Elliott and Miss S White.

The motion was therefore declared lost.

The Chairman then put Councillor Durham’s proposal to accept the recommendations as set out on the report.  Upon a vote being taken this was duly agreed.  Councillor Boyce requested that his vote against this proposal be recorded.

RESOLVED

(i)         that application of the Proceeds of Crime Act (POCA), including but not limited to the instigation of confiscation proceedings in appropriate cases in which a defendant has benefited from their criminal conduct or lifestyle be endorsed;

(iii)       that the following minor amendment to the current delegation to the Chief Executive contained at paragraph 6 of Section 9 (Terms of Reference – General and Procedural at page 7) as set below, be agreed.

“The Chief Executive, in consultation with the appropriate Director, Legal Advisor, Chairman of the relevant Committee (or Vice-Chairman in his or her absence) and Leader of the Council, be authorised to institute or defend legal proceedings on any criminal offence or civil proceedings not otherwise provided for in Officer delegation arrangements elsewhere in this document, subject to subsequent report to the next meeting of the relevant Committee.  The exercise of this authorisation shall, for the avoidance of any doubt, include responding to legal representations on behalf of the other party, any directions of the Court, and the pursuance and settlement of disputes by means other than litigation.”