Legislation – Crime and Courts Act 2013

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Introduction

Part 1
The National Crime Agency

1 The National Crime Agency

2 Modification of NCA functions

3 Strategic priorities

4 Operations

5 Relationships between NCA and other agencies: tasking

6 Duty to publish information

7 Information gateways

8 Other functions etc

9 Director General: customs powers of Commissioners & operational powers

10 Operational powers of other NCA officers

11 Inspections and complaints

12 Information: restrictions on disclosure etc

13 NCA officers with operational powers: labour relations

14 NCA officers with operational powers: pay and allowances

15 Abolition of SOCA and

16 Interpretation of Part 1

Part 2
Courts and Justice

17 Civil and family proceedings in England and Wales

18 Youth courts to have jurisdiction to grant gang-related injunctions

19 Varying designations of authorities responsible for remanded young persons

20 Judicial appointments

21 Deployment of the judiciary

22 Transfer of immigration or nationality judicial review applications

23 Permission to appeal from Upper Tribunal to Court of Session

24 Appeals relating to regulation of the Bar

25 Enforcement by taking control of goods

26 Payment of fines and other sums

27 Disclosure of information to facilitate collection of fines and other sums

28 Disclosure of information for calculating fees of courts, tribunals etc

29 Supreme Court chief executive, officers and staff

30 Supreme Court security officers

31 Making, and use, of recordings of Supreme Court proceedings

32 Enabling the making, and use, of films and other recordings of proceedings

33 Abolition of scandalising the judiciary as form of contempt of court

34 Awards of exemplary damages

35 Relevant considerations

36 Amount of exemplary damages

37 Multiple claimants

38 Multiple defendants

39 Awards of aggravated damages

40 Awards of costs

41 Meaning of “relevant publisher”

42 Other interpretative provisions

43 Use of force in self-defence at place of residence

44 Dealing non-custodially with offenders

45 Deferred prosecution agreements

46 Restraint orders and legal aid

47 Restraint orders and legal aid: supplementary

48 Civil recovery of the proceeds etc of unlawful conduct

49 Investigations

50 Extradition

Part 3
Miscellaneous and general

51 Immigration cases: appeal rights; and facilitating combined appeals

52 Appeals against refusal of entry clearance to visit the UK

53 Restriction on right of appeal from within the United Kingdom

54 Deportation on national security grounds: appeals

55 Powers of immigration officers

56 Drugs and driving

57 Public order offences

58 Orders and regulations

59 Consequential amendments

60 Transitional, transitory or saving provision

61 Short title, commencement and extent

SCHEDULES

SCHEDULE 1 The NCA & NCA officers

SCHEDULE 2 The framework document & annual report

SCHEDULE 3 Relationships between NCA and other agencies

SCHEDULE 4 NCA: general

SCHEDULE 5 Police, customs and immigration powers

SCHEDULE 6 Inspections and complaints

SCHEDULE 7 Information: restrictions on disclosure

SCHEDULE 8 Abolition of SOCA and NPIA

SCHEDULE 9 Single county court in England and Wales

SCHEDULE 10 The family court

SCHEDULE 11 Transfer of jurisdiction to family court

SCHEDULE 12 Gang-related injunctions: further amendments

SCHEDULE 13 Judicial appointments

SCHEDULE 14 Deployment of the judiciary

SCHEDULE 15 Exclusions from definition of “relevant publisher”

SCHEDULE 16 Dealing non-custodially with offenders

SCHEDULE 17 Deferred prosecution agreements

SCHEDULE 18 Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct

SCHEDULE 19 Proceeds of crime: investigations

SCHEDULE 20 Extradition

SCHEDULE 21 Powers of immigration officers: further provision

SCHEDULE 22 Drugs and driving: minor and consequential amendments

SCHEDULE 23 Super-affirmative procedure

SCHEDULE 24 The NCA: Northern Ireland

SCHEDULE 25 Proceeds of crime provisions: Northern Ireland

SCHEDULES

SCHEDULE 3Relationships between NCA and other agencies

Part 3Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

8

(1)

The Director General may provide assistance to—

(a)

a UK police force, or

(b)

an Island police force;

if the chief officer of the police force requests assistance to be provided.

(2)

The Director General may provide assistance to—

(a)

a UK law enforcement agency, or

(b)

an Island law enforcement agency,

if the agency requests assistance to be provided.

(3)

A request may be made under this paragraph only if the chief officer, or agency, considers that the police force, or agency, has a special need for the Director General to provide assistance.

(4)

A request under this paragraph must—

(a)

state the special need for assistance, and

(b)

specify the assistance that is wanted.

(5)

If a request is made under this paragraph, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

Voluntary assistance to NCA: the UK

9

(1)

The chief officer of a UK police force may provide assistance to the NCA if the Director General requests assistance to be provided.

(2)

A UK law enforcement agency may provide assistance to the NCA if the Director General requests assistance to be provided.

(3)

A request may be made under this paragraph only if the Director General considers that the NCA has a special need for the chief officer, or agency, to provide assistance.

(4)

A request under this paragraph must—

(a)

state the special need for assistance, and

(b)

specify the assistance that is wanted.

(5)

If a request is made under this paragraph, a chief officer, or law enforcement agency, may provide such assistance as the chief officer, or agency, considers appropriate in all the circumstances.

Directed assistance by NCA: England and Wales police etc

10

(1)

The Secretary of State may direct the Director General to provide specified assistance to—

(a)

an England and Wales police force,

(b)

a special police force,

(c)

the Commissioners for Her Majesty’s Revenue and Customs;

(d)

the Director of the Serious Fraud Office;

(e)

the Director of Border Revenue;

(f)

any other person operating—

(i)

in England, or

(ii)

in England and in Scotland, Northern Ireland or Wales (or two or more of those parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart from a UK police force).

(2)

A direction may be given under this paragraph only if it appears to the Secretary of State that it is appropriate for the police force or other persons or person to receive directed assistance from the Director General.

Directed assistance to NCA: England and Wales police etc

11

(1)

The Director General may direct any of the following to provide specified assistance to the NCA

(a)

the chief officer of an England and Wales police force;

(b)

the Chief Constable of the British Transport Police;

(c)

the Commissioners for Her Majesty’s Revenue and Customs;

(d)

the Director of the Serious Fraud Office;

(e)

the Director of Border Revenue.

(2)

A direction may be given under this paragraph only if—

(a)

it appears to the Director General that it is appropriate for the NCA to receive directed assistance from the chief officer of the police force or from the other persons or person; and

(b)

the appropriate consent is given to the direction.

(3)

For that purpose “appropriate consent” means—

(a)

the consent of the Secretary of State (in the case of a direction to the chief officer of an England and Wales police force or a direction to the Chief Constable of the British Transport Police);

(b)

the consent of the Secretary of State and the consent of the Treasury (in the case of a direction to the Commissioners or the Director of Border Revenue);

(c)

the consent of the Secretary of State and the consent of the Attorney General (in the case of a direction to the Director of the Serious Fraud Office).

Directed assistance by NCA: Scotland

12

(1)

The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.

(2)

A direction may be given under this paragraph only if—

(a)

it appears to the Scottish Ministers that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)

the Secretary of State consents to the direction.

Directed assistance to NCA: Scotland

13

The Scottish Ministers may direct the chief constable of the Police Service of Scotland to provide specified assistance to the NCA if it appears to the Scottish Ministers that it is appropriate for the NCA to receive directed assistance from the chief constable.

Directed assistance by NCA: Northern Ireland

14

(1)

The Department of Justice in Northern Ireland may direct the Director General to provide specified assistance to the Police Service of Northern Ireland.

(2)

A direction may be given under this paragraph only if—

(a)

it appears to the Department of Justice that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)

the Secretary of State consents to the direction.

Directed assistance to NCA: Northern Ireland

15

(1)

The Department of Justice in Northern Ireland may direct the Chief Constable of the Police Service of Northern Ireland to provide specified assistance to the NCA if it appears to the Department that it is appropriate for the NCA to receive directed assistance from the Chief Constable.

(2)

Before giving such a direction, the Department of Justice must consult—

(a)

the Northern Ireland Policing Board, and

(b)

any other persons the Department considers it appropriate to consult.

When is it appropriate for a person to receive directed assistance?

16

For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another person (“P”) if—

(a)

R has a special need for assistance from P,

(b)

it is expedient for P to provide the assistance, and

(c)

satisfactory arrangements for P to provide assistance to R cannot be made, or cannot be made in time, under paragraph 8 or 9.

Voluntary or directed assistance: particular assistance that may be provided

17

(1)

A person may provide any of the following in response to a request for assistance, and a direction may require the provision of any of the following—

(a)

equipment;

(b)

NCA officers (if assistance is to be provided by the Director General);

(c)

constables (if assistance is to be provided by the chief officer of a police force);

(d)

members of staff of a UK law enforcement agency (if assistance is to be provided by such an agency).

(2)

That does not limit the kinds of assistance that may be provided or required.

(3)

In this paragraph—

“direction” means a direction under any provision of this Part of this Schedule;

“request for assistance” means such a request under any provision of this Part of this Schedule.

Voluntary or directed assistance: control of individuals provided for assistance

18

(1)

An individual who is provided under this Part of this Schedule—

(a)

to assist the NCA is, whilst so provided, under the direction and control of the Director General;

(b)

to assist a UK police force is, whilst so provided, under the direction and control of the chief officer of the police force;

(c)

to assist a UK law enforcement agency is, whilst so provided, under the direction and control of the agency.

(2)

That rule applies despite anything contained in—

(a)

any other enactment, or

(b)

any agreement made under any other enactment.

(3)

In this paragraph “individual” includes—

(a)

an NCA officer;

(b)

a constable;

(c)

a member of the staff of a law enforcement agency.