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

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Part 3Miscellaneous and general

Border control

55Powers of immigration officers

(1)

In the Police Act 1997, in section 93 (authorisations to interfere with property etc: authorising officers), in subsection (5), after paragraph (h) insert—

“(ha)

an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;”.

(2)

In the Regulation of Investigatory Powers Act 2000, in section 32(6) (authorisation of intrusive surveillance: senior authorising officers), after paragraph (m) insert—

“(ma)

a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State; and”.

(3)

The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) and (5).

(4)

In the 2002 Act—

(a)

in section 47A (search and seizure powers under sections 47B to 47S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)

an immigration officer;”;

(b)

in section 127A (search and seizure powers in Scotland under sections 127B to 127R: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)

an immigration officer, or”;

(c)

in section 195A (search and seizure powers in Northern Ireland under sections 195B to 195S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)

an immigration officer, or”.

(5)

In section 378 of the 2002 Act (appropriate officers and senior appropriate officers for the purposes of investigations under Part 8 of that Act)—

(a)

in subsection (1) (appropriate officers for confiscation investigations), after paragraph (d) insert—

“(e)

an immigration officer.”;

(b)

in subsection (2) (senior appropriate officers for confiscation investigations), after paragraph (c) insert—

“(ca)

an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;”;

(c)

in subsection (3A) (appropriate officers for detained cash investigations), after paragraph (b) insert—

“(c)

an immigration officer.”;

(d)

in subsection (4) (appropriate officers for money laundering investigations), after paragraph (c) insert—

“(d)

an immigration officer.”;

(e)

in subsection (6) (senior appropriate officers in relation to money laundering investigations), after paragraph (b) insert—

“(ba)

an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;”.

(6)

In the UK Borders Act 2007, in section 24 (seizure of cash by immigration officers under Proceeds of Crime Act 2002)—

(a)

in subsection (2), for paragraphs (a) and (b) substitute—

“(a)

unlawful conduct”, in or in relation to section 289, means conduct which—

(i)

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(ii)

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment,

and (in either case) constitutes an offence,”;

(b)

after subsection (2) insert—

“(2A)

In subsection (2)(a)(ii) “relevant nationality enactment” means any enactment in—

(a)

the British Nationality Act 1981,

(b)

the Hong Kong Act 1985,

(c)

the Hong Kong (War Wives and Widows) Act 1996,

(d)

the British Nationality (Hong Kong) Act 1997,

(e)

the British Overseas Territories Act 2002, or

(f)

an instrument made under any of those Acts.”.

(7)

Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution of warrants and powers of arrest and search) apply to an immigration officer as they apply to a constable (but subject to subsection (8) below and paragraphs 41 to 43 of Schedule 21).

(8)

An immigration officer may exercise a power under sections 136 to 139 of the 1994 Act only—

(a)

in the exercise of a function which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including a function which relates to conditions or other controls on any such entitlement),

(b)

in exercising a function under, or for the purposes of—

(i)

the British Nationality Act 1981,

(ii)

the Hong Kong Act 1985,

(iii)

the Hong Kong (War Wives and Widows) Act 1996,

(iv)

the British Nationality (Hong Kong) Act 1997,

(v)

the British Overseas Territories Act 2002,

(vi)

an instrument made under any of those Acts, or

(c)

in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not involve the exercise of a function which falls within paragraph (a) or (b))—

(i)

an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(ii)

an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer).

F1(9)

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F1(10)

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F1(11)

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F1(12)

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(13)

In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

(a)

in subsection (1), in the definition of “officer of law”, after paragraph (ba) insert—

“(bb)

subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;”;

(b)

after subsection (1A) insert—

“(1AA)

The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences (within the meaning of Part 3 of the Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c)

in subsection (1B), for the words from “this Act” to “had the authority” substitute“this Act—

(a)

a certificate of the Commissioners for Her Majesty’s Revenue and Customs that an officer of Revenue of Customs, or

(b)

a certificate of the Secretary of State that an immigration officer,

had the authority”.

(14)

Schedule 21 (powers of immigration officers: further provision) has effect.