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

Part 1The National Crime Agency

General

11Inspections and complaints

(1)

Her Majesty’s Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

(2)

HMIC must also carry out an inspection of the NCA if requested to do so by the Secretary of State either—

(a)

generally, or

(b)

in respect of a particular matter.

(3)

Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of the NCA either—

(a)

generally, or

(b)

in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.

(4)

HMIC must carry out such other duties for the purpose of furthering the efficiency and effectiveness of the NCA as the Secretary of State may from time to time direct.

(5)

Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection programmes and inspection frameworks) apply to functions of inspection and reporting under this section as they apply to other such functions.

(6)

In the Police Reform Act 2002, after section 26B insert—

“26CThe National Crime Agency

(1)

The Secretary of State must make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise of functions by the Director General and other National Crime Agency officers.

(2)

Regulations under this section may, in particular—

(a)

apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

(b)

make provision for payment by the National Crime Agency to, or in respect of, the Independent Police Complaints Commission.

(3)

Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

(4)

The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)

the Independent Police Complaints Commission has functions by virtue of this section, and

(b)

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5)

A National Crime Agency officer may disclose information to the Independent Police Complaints Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an NCA complaints function.

(6)

The Independent Police Complaints Commissioner and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)

by virtue of this section, or

(b)

under the Parliamentary Commissioner Act 1967.

(7)

Regulations under this section may, in particular, make—

(a)

further provision about the disclosure of information under subsection (5) or (6);

(b)

provision about the further disclosure of information that has been so disclosed;

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

(8)

Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

(a)

the disclosure of information under subsection (5) or (6), or

(b)

the further disclosure of information so disclosed.

(9)

In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General or any other National Crime Agency officer.”

(7)

In the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007, in article 4(4) (agreements to establish complaints procedures)—

(a)

for “SOCA” (in the first place) substitute “the National Crime Agency”;

(b)

for “SOCA and members of the staff of SOCA” substitute “the National Crime Agency and National Crime Agency officers”.

(8)

In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised Crime Agency: complaints)—

(a)

in the title, for “Serious Organised Crime Agency” substitute “The National Crime Agency”;

(b)

in subsection (1), for “members of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officers”;

(c)

in subsection (6), for “member of the staff of the Agency” substitute “National Crime Agency officer”;

(d)

omit subsection (7).

(9)

Schedule 6 (inspections and complaints) has effect.