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 34.
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
34Awards of exemplary damages
(1)
This section applies where—
(a)
a relevant claim is made against a person (“the defendant”),
(b)
the defendant was a relevant publisher at the material time,
(c)
the claim is related to the publication of news-related material, and
(d)
the defendant is found liable in respect of the claim.
(2)
Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.
(3)
But the court may disregard subsection (2) if—
(a)
the approved regulator imposed a penalty on the defendant in respect of the defendant’s conduct or decided not to do so,
(b)
the court considers, in light of the information available to the approved regulator when imposing the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the penalty or deciding not to impose one, and
(c)
the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages under this section against the defendant.
(4)
Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—
(a)
may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the case, but
(b)
may do so only under this section.
(5)
Exemplary damages may be awarded under this section only if they are claimed.
(6)
Exemplary damages may be awarded under this section only if the court is satisfied that—
(a)
the defendant’s conduct has shown a deliberate or reckless disregard of an outrageous nature for the claimant’s rights,
(b)
the conduct is such that the court should punish the defendant for it, and
(c)
other remedies would not be adequate to punish that conduct.
(7)
Exemplary damages may be awarded under this section whether or not another remedy is granted.
(8)
The decision on the question of—
(a)
whether exemplary damages are to be awarded under this section, or
(b)
the amount of such damages,
must not be left to a jury.