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 etc

6 Duty to publish information

7 Information gateways

8 Other functions

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 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

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

Changes to legislation:

There are currently no known outstanding effects for the Crime and Courts Act 2013, Section 46. Help about Changes to Legislation

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Part 2Courts and Justice

Proceeds of crime

(1)

Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and Wales: restraint orders) is amended in accordance with subsections (2) to (6).

(2)

After subsection (2) insert—

“(2A)

A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception).

(2B)

A relevant legal aid payment is a payment that the specified person is obliged to make—

(a)

by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

(b)

in connection with services provided in relation to an offence which falls within subsection (5),

whether the obligation to make the payment arises before or after the restraint order is made.”

(3)

In subsection (3)—

(a)

after “subject to” insert “
other
”, and

(b)

omit paragraph (c).

(4)

In subsection (4), for “But an exception to a restraint order” substitute “
But where an exception to a restraint order is made under subsection (3), it
”.

(5)

After subsection (5) insert—

“(5A)

A legal aid exception—

(a)

must be made subject to prescribed restrictions (if any) on—

(i)

the circumstances in which payments may be made in reliance on the exception, or

(ii)

the amount of the payments that may be made in reliance on the exception,

(b)

must be made subject to other prescribed conditions (if any), and

(c)

may be made subject to other conditions.

(5B)

Any other exception to a restraint order may be made subject to conditions.”

(6)

After subsection (9) insert—

“(10)

In this section “prescribed” means prescribed by regulations made by the Secretary of State.”

(7)

In section 459 of that Act (orders and regulations)—

(a)

in subsection (4)(a), after “section” insert “
41(5A),
”, and

(b)

in subsection (6)(a), after “section” insert “
41(5A),
”.