Legislation – Crime and Courts Act 2013
Part 1
The National Crime Agency
2 Modification of NCA functions
5 Relationships between NCA and other agencies: tasking etc
9 Director General: customs powers of Commissioners & operational powers
10 Operational powers of other NCA officers
12 Information: restrictions on disclosure etc
13 NCA officers with operational powers: labour relations
14 NCA officers with operational powers: pay and allowances
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
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
36 Amount of exemplary damages
39 Awards of aggravated damages
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
Part 3
Miscellaneous and general
51 Immigration cases: appeal rights; and facilitating combined appeals
52 Appeals against refusal of entry clearance to visit the
53 Restriction on right of appeal from within the United Kingdom
54 Deportation on national security grounds: appeals
55 Powers of immigration officers
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 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 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 21 Powers of immigration officers: further provision
SCHEDULE 22 Drugs and driving: minor and consequential amendments
SCHEDULE 23 Super-affirmative procedure
Changes to legislation:
There are currently no known outstanding effects for the Crime and Courts Act 2013, Section 35.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 2Courts and Justice
Publishers of news-related material: damages and costs
35Relevant considerations
(1)
This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.
(2)
The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.
(3)
The court must take account of the following—
(a)
whether membership of an approved regulator was available to the defendant at the material time;
(b)
if such membership was available, the reasons for the defendant not being a member;
(c)
so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.
(4)
The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—
(a)
material is not obtained by or on behalf of the defendant in an inappropriate way, and
(b)
material is not published by the defendant in inappropriate circumstances.
(5)
The court may regard deterring the defendant and others from similar conduct as an object of punishment.
(6)
This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.