Crime and Courts Act 2013 - legislation

1 29280 Chapter No 22 Act 2013 COVER / sig1 / plateACrime and Courts Act 2013 CHAPTER 22 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately . 3800 Published by TSO (The Stationery Office) and available , Telephone, Fax & E-mailTSOPO Box 29, Norwich, NR3 1 GNTelephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533E-mail: 0870 240 3701 The Houses of Parliament Shop12 Bridge Street, Parliament SquareLondon SW1A 2 JXTelephone orders/General enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: @Blackwell and other Accredited AgentsCRIME AND Courts ACT 2013 Crime and Courts Act 2013 CHAPTER 22 CONTENTSPART 1 THE NATIONAL Crime AGENCYThe NCA and its officers1 The National Crime Agency2 Modification of NCA functions3 Strategic priorities4 OperationsOther functions between NCA and other agencies: tasking etc6 Duty to publish information7 Information gateways8 Other functions etc9 Director General: customs powers of Commissioners & operational powers10 Operational powers of other NCA officersGeneral11 Inspections and complaints12 Information.

2 Restrictions on disclosure etc13 NCA officers with operational powers: labour relations14 NCA officers with operational powers: pay and allowances15 Abolition of SOCA and NPIA16 Interpretation of Part 1 Crime and Courts Act 2013 (c. 22)iiPART 2 Courts AND JUSTICEA dministration of justice17 Civil and family proceedings in England and Wales18 Youth Courts to have jurisdiction to grant gang-related injunctions19 Varying designations of authorities responsible for remanded young persons20 Judicial appointments21 Deployment of the judiciary22 Transfer of immigration or nationality judicial review applications23 Permission to appeal from Upper Tribunal to court of Session24 Appeals relating to regulation of the Bar25 Enforcement by taking control of goods26 Payment of fines and other sums27 Disclosure of information to facilitate collection of fines and other sums28 Disclosure of information for calculating fees of Courts , tribunals etc29 Supreme court chief executive, officers and staff30 Supreme court security officers31 Making, and use, of recordings of Supreme court proceedings32 Enabling the making, and use.

3 Of films and other recordings of proceedings33 Abolition of scandalising the judiciary as form of contempt of courtPublishers of news-related material: damages and costs34 Awards of exemplary damages35 Relevant considerations36 Amount of exemplary damages37 Multiple claimants38 Multiple defendants39 Awards of aggravated damages40 Awards of costs41 Meaning of relevant publisher 42 Other interpretative provisionsSelf-defence43 Use of force in self-defence at place of residenceCommunity and other non-custodial sentencing44 Dealing non-custodially with offendersDeferred prosecution agreements45 Deferred prosecution agreementsProceeds of crime46 Restraint orders and legal aid47 Restraint orders and legal aid: supplementary48 Civil recovery of the proceeds etc of unlawful conduct49 InvestigationsCrime and Courts Act 2013 (c. 22)iiiExtradition50 ExtraditionPART 3 MISCELLANEOUS AND GENERALB order control51 Immigration cases: appeal rights; and facilitating combined appeals52 Appeals against refusal of entry clearance to visit the UK53 Restriction on right of appeal from within the United Kingdom54 Deportation on national security grounds: appeals55 Powers of immigration officersDrugs and driving56 Drugs and drivingPublic order57 Public order offencesGeneral58 Orders and regulations59 Consequential amendments60 Transitional, transitory or saving provision61 Short title, commencement and extentSchedule 1 The NCA & NCA officersPart 1 The NCAPart 2 NCA officersSchedule 2 The framework document & annual reportPart 1 The framework documentPart 2 The annual reportSchedule 3 Relationships between NCA and other agenciesPart 1 Co-operationPart 2 Exchange of informationPart 3 Assistance within the UKPart 4 Use of police facilities etc by NCAPart 5 Payment for tasks, assistance or facilitiesPart 6 GeneralSchedule 4 NCA.

4 GeneralSchedule 5 Police, customs and immigration powersPart 1 Director General: Commissioners powers exercisable undersection 9(1)Part 2 Director General: designation under section 9 Part 3 Further provision about designations under section 9 or 10 Part 4 Designations: powers and privileges of constablesCrime and Courts Act 2013 (c. 22)ivPart 5 Designations: powers of officers of Revenue and CustomsPart 6 Designations: powers of immigration officersPart 7 Offences relating to designationsPart 8 GeneralSchedule 6 Inspections and complaintsPart 1 InspectionsPart 2 Complaints: other amendmentsSchedule 7 Information: restrictions on disclosurePart 1 Statutory restrictionsPart 2 Restrictions on disclosures of particular types of informationPart 3 Restrictions on further disclosures of informationPart 4 Published information: no restrictions on further disclosurePart 5 Offences relating to wrongful disclosure of informationPart 6 GeneralSchedule 8 Abolition of SOCA and NPIAPart 1 Transitional, transitory and saving provisionPart 2 Minor and consequential amendments and repealsPart 3 Further consequential amendments and repealsPart 4 Subordinate legislationSchedule 9 Single county court in England and WalesPart 1 Amendments of the County Courts Act 1984 Part 2 Other amendmentsPart 3 Further amendmentsPart 4 Consequential repealsSchedule 10 The family courtPart 1 Establishment of the family courtPart 2 The family court : further amendmentsPart 3 Repeals and revocations in consequence of Parts 1 and 2 of thisScheduleSchedule 11 Transfer of jurisdiction to family courtPart 1 Amendments of enactmentsPart 2 Repeals and revocations in consequence of Part 1 of thisScheduleSchedule 12 Gang-related injunctions.

5 Further amendmentsSchedule 13 Judicial appointmentsPart 1 Judges of the Supreme court : number and selectionPart 2 DiversityPart 3 Judicial Appointments CommissionPart 4 Judicial appointments: selection, and transfer of powers ofLord ChancellorPart 5 Selection of Lord Chief Justice and Heads of Division:transitory provisionPart 6 Appointment of judge to exercise functions of a Head ofDivision in case of incapacity or a vacancy etcPart 7 Abolition of office of assistant RecorderSchedule 14 Deployment of the judiciaryPart 1 Deployment under section 9 of the Senior Courts Act 1981 Part 2 Deployment of judges to the magistrates courtsPart 3 Deployment of judges to the court of ProtectionPart 4 Deployment of judges to the First-tier Tribunal and the UpperTribunalPart 5 Deployment of judges to the Employment Appeal TribunalPart 6 Deployment of judges to the employment tribunalsCrime and Courts Act 2013 (c. 22)vPart 7 Amendments following renaming of chairmen of employmenttribunalsSchedule 15 Exclusions from definition of relevant publisher Schedule 16 Dealing non-custodially with offendersPart 1 Community orders: punitive elementsPart 2 Deferring the passing of sentence to allow for restorativejusticePart 3 Removal of limits on compensation orders made againstadultsPart 4 Electronic monitoring of offendersPart 5 Community orders: further provisionPart 6 Statements of assets and other financial circumstances ofoffenders etcPart 7 Information to enable a court to deal with an offenderPart 8 Related amendments in Armed Forces Act 2006 Schedule 17 Deferred prosecution agreementsPart 1 GeneralPart 2 Offences in relation to which a DPA may be entered intoPart 3 Consequential and transitional provisionSchedule 18 Proceeds of Crime .

6 Civil recovery of the proceeds etc ofunlawful conductPart 1 Enforcement of interim orders in the United KingdomPart 2 Property or evidence outside the United KingdomSchedule 19 Proceeds of Crime : investigationsPart 1 Civil recovery investigationsPart 2 Evidence overseasPart 3 Consequential amendments: immigration officers andNational Crime AgencySchedule 20 ExtraditionPart 1 ForumPart 2 Human rights issuesPart 3 Devolution issues in ScotlandSchedule 21 Powers of immigration officers: further provisionPart 1 GeneralPart 2 Modification of applied enactmentsPart 3 ScotlandSchedule 22 Drugs and driving: minor and consequential amendmentsSchedule 23 Super-affirmative procedureSchedule 24 The NCA: Northern IrelandSchedule 25 Proceeds of Crime provisions: Northern IrelandPart 1 Civil recovery provisionsPart 2 Investigation provisionsELIZABETH IIc. 22 Crime and Courts Act 20132013 CHAPTER 22An Act to establish, and make provision about, the National Crime Agency; toabolish the Serious Organised Crime Agency and the National PolicingImprovement Agency; to make provision about the judiciary and thestructure, administration, proceedings and powers of Courts and tribunals; tomake provision about deferred prosecution agreements; to make provisionabout border control; to make provision about drugs and driving; and forconnected purposes.

7 [25th April 2013]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 THE NATIONAL Crime AGENCYThe NCA and its officers1 The National Crime Agency(1)A National Crime Agency, consisting of the NCA officers, is to be formed.(2)The NCA is to be under the direction and control of one of the NCA officers,who is to be known as the Director General of the National Crime Agency.(3)The NCA is to have (a)the functions conferred by this section;(b)the functions conferred by the Proceeds of Crime Act 2002; and(c)the other functions conferred by this Act and by other enactments.(4)The NCA is to have the function (the Crime -reduction function ) of securingthat efficient and effective activities to combat organised Crime and seriousBCrime and Courts Act 2013 (c. 22)Part 1 The National Crime Agency2crime are carried out (whether by the NCA, other law enforcement agencies, orother persons).

8 (5)The NCA is to have the function (the criminal intelligence function ) ofgathering, storing, processing, analysing, and disseminating information thatis relevant to any of the following (a)activities to combat organised Crime or serious Crime ;(b)activities to combat any other kind of Crime ;(c)exploitation proceeds investigations (within the meaning of section341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders(within the meaning of Part 7 of the Coroners and Justice Act 2009), andapplications for such orders.(6)The NCA must discharge the Crime -reduction function in the following ways(in particular).(7)The first way is by the NCA itself (a)preventing and detecting organised Crime and serious Crime ,(b)investigating offences relating to organised Crime or serious Crime , and(c)otherwise carrying out activities to combat organised Crime and seriouscrime, including by instituting criminal proceedings in England andWales and Northern Ireland.(8)The second way is by the NCA securing that activities to combat organisedcrime or serious Crime are carried out by persons other than the NCA.

9 (9)The third way is by the NCA securing improvements (a)in co-operation between persons who carry out activities to combatorganised Crime or serious Crime , and(b)in co-ordination of activities to combat organised Crime or seriouscrime.(10)The Crime -reduction function does not include (a)the function of the NCA itself prosecuting offences; or(b)the function of the NCA itself instituting criminal proceedings inScotland.(11)In this Part, a reference to activities to combat Crime (or a particular kind ofcrime, such as organised Crime or serious Crime ) is a reference to (a)the prevention and detection of Crime (or that kind of Crime ),(b)the investigation and prosecution of offences (or offences relating tothat kind of Crime ),(c)the reduction of Crime (or that kind of Crime ) in other ways, and(d)the mitigation of the consequences of Crime (or that kind of Crime );and references to the carrying out of activities to combat Crime (or a particularkind of Crime ) are to be construed accordingly.

10 (12)Schedule 1 (the NCA & NCA officers) has of NCA functions(1)The Secretary of State may, by order, make (a)provision about NCA counter-terrorism functions (and, in particular,may make provision conferring, removing, or otherwise modifyingsuch functions); andCrime and Courts Act 2013 (c. 22)Part 1 The National Crime Agency3(b)other provision which the Secretary of State considers necessary inconsequence of provision made under paragraph (a) (and, in particular,may make provision about the functions of any person other than theNCA, including provision conferring or otherwise modifying, but notremoving, such functions).(2)If an order under this section confers an NCA counter-terrorism function, anNCA officer may only carry out activities in Northern Ireland for the purposeof the discharge of the function if the NCA officer does so with the agreementof the Chief Constable of the Police Service of Northern Ireland.(3)That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.