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Crime AACCMP.Book Crime and Courts Bill [HL] [AS AMENDED IN PUBLIC BILL COMMITTEE] The Bill is divided into two volumes. Volume I contains the Clauses. Volume II contains the Schedules to the Bill. Bill 137 55/2 ii Crime and Courts Bill [HL] CONTENTS PART 1 THE NATIONAL CRIME AGENCY The NCA and its officers 1 The National Crime Agency 2 Strategic priorities 3 Operations Other functions etc. 4 Relationships between NCA and other agencies: tasking etc 5 Duty to publish information 6 Information gateways 7 Other functions etc 8 Director General: customs powers of Commissioners & operational powers 9 Operational powers of other NCA officers General 10 Inspections and complaints 11 Information: restrictions on disclosure etc 12 NCA officers with operational powers: labour relations 13 NCA officers with operational powers: pay and allowances 14 Abolition of SOCA and NPIA 15 Interpretation of Part 1 PART 2 COURTS AND JUSTICE Administration of justice 16 Civil and family proceedings in England and Wales 17 Youth courts to have jurisdiction to grant gang-related injunctions 18 Judicial appointments 19 Deployment of the judiciary 20 Transfer of immigration or nationality judicial review applications 21 Permission to appeal from Upper Tribunal to Court of Session 22 Appeals relating to regulation of the Bar 23 Enforcement by taking control of goods 24 Payment of fines and other sums 25 Disclosure of information to facilitate collection of fines and other sums 26 Disclosure of information for calculating fees of courts, tribunals etc 27 Enforcement services 28 Supreme Court security officers 29 Enabling the making, and use, of films and other recordings of proceedings 30 Abolition of scandalising the judiciary as form of contempt of court Crime and Courts Bill [HL] iii Self-defence 31 Use of force in self-defence at place of residence Community and other non-custodial sentencing 32 Dealing non-custodially with offenders Deferred prosecution agreements 33 Deferred prosecution agreements Proceeds of crime 34 Civil recovery of the proceeds etc of unlawful conduct 35 Investigations Extradition 36 Extradition PART 3 MISCELLANEOUS AND GENERAL Border control 37 Immigration cases: appeal rights; and facilitating combined appeals 38 Appeals against refusal of entry clearance to visit the UK 39 Restriction on right of appeal from within the United Kingdom 40 Deportation on national security grounds: appeals 41 Powers of immigration officers Drugs and driving 42 Drugs and driving Public order 43 Public order offences General 44 Orders and regulations 45 Consequential amendments 46 Transitional, transitory or saving provision 47 Short title, commencement and extent Schedule 1 — The NCA & NCA officers Part 1 — The NCA Part 2 — NCA officers iv Crime and Courts Bill [HL] Schedule 2 — The framework document & annual report Part 1 — The framework document Part 2 — The annual report Schedule 3 — Relationships between NCA and other agencies Part 1 — Co-operation Part 2 — Exchange of information Part 3 — Assistance within the UK Part 4 — Use of police facilities etc by NCA Part 5 — Payment for tasks, assistance or facilities Part 6 — General Schedule 4 — NCA: general Schedule 5 — Police, customs and immigration powers Part 1 — Director General: Commissioners’ powers exercisable under section 8(1) Part 2 — Director General: designation under section 8 Part 3 — Further provision about designations under section 8 or 9 Part 4 — Designations: powers and privileges of constables Part 5 — Designations: powers of officers of Revenue and Customs Part 6 — Designations: powers of immigration officers Part 7 — Offences relating to designations Part 8 — General Schedule 6 — Inspections and complaints Part 1 — Inspections Part 2 — Complaints: other amendments Schedule 7 — Information: restrictions on disclosure Part 1 — Statutory restrictions Part 2 — Restrictions on disclosures of particular types of information Part 3 — Restrictions on further disclosures of information Part 4 — Published information: no restrictions on further disclosure Part 5 — Offences relating to wrongful disclosure of information Part 6 — General Schedule 8 — Abolition of SOCA and NPIA Part 1 — Transitional, transitory and saving provision Part 2 — Minor and consequential amendments and repeals Part 3 — Further consequential amendments and repeals Part 4 — Subordinate legislation Schedule 9 — Single county court in England and Wales Part 1 — Amendments of the County Courts Act 1984 Part 2 — Other amendments Part 3 — Further amendments Part 4 — Consequential repeals Schedule 10 — The family court Part 1 — Establishment of the family court Part 2 — The family court: further amendments Part 3 — Repeals and revocations in consequence of Parts 1 and 2 of this Schedule Schedule 11 — Transfer of jurisdiction to family court Part 1 — Amendments of enactments Part 2— Repeals and revocations in consequence of Part 1 of this Schedule Schedule 12 — Gang-related injunctions: further amendments Schedule 13 — Judicial appointments Part 1 — Judges of the Supreme Court: number and selection Part 2 — Diversity Crime and Courts Bill [HL] v Part 3 — Judicial Appointments Commission Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor Part 5— Appointment of judge to exercise functions of a head of division in case of incapacity or a vacancy etc Part 6 — Abolition of office of assistant Recorder Schedule 14 — Deployment of the judiciary Part 1 — Deployment under section 9 of the Senior Courts Act 1981 Part 2 — Deployment of judges to the Crown Court Part 3 — Deployment of judges to the magistrates’ courts Part 4 — Deployment of judges to the Court of Protection Part 5 — Deployment of judges to the First-tier Tribunal and the Upper Tribunal Part 6 — Deployment of judges to the Employment Appeal Tribunal Part 7 — Deployment of judges to the employment tribunals Part 8 — Amendments following renaming of chairmen of employment tribunals Schedule 15 — Dealing non-custodially with offenders Part 1 — Community orders: punitive elements Part 2— Deferring the passing of sentence to allow for restorative justice Part 3— Removal of limits on compensation orders made against adults Part 4 — Electronic monitoring of offenders Part 5 — Community orders: further provision Part 6— Statements of assets and other financial circumstances of offenders etc Part 7 — Provision for female offenders Part 87 — Information to enable a court to deal with an offender Part 98 — Related amendments in Armed Forces Act 2006 Schedule 16 — Deferred prosecution agreements Part 1 — General Part 2 — Offences in relation to which a DPA may be entered into Part 3 — Consequential and transitional provision Schedule 17 — Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct Part 1 — Enforcement of interim orders in the United Kingdom Part 2 — Property or evidence outside the United Kingdom Schedule 18 — Proceeds of crime: investigations Part 1 — Civil recovery investigations Part 2 — Evidence overseas Part 3 — Consequential amendments: immigration officers and National Crime Agency Schedule 19 — Extradition Part 1 — Forum Part 2 — Human rights issues Part 3 — Devolution issues in Scotland Schedule 20 — Powers of immigration officers: further provision Part 1 — General Part 2 — Modification of applied enactments Part 3 — Scotland Schedule 21 — Drugs and driving: minor and consequential amendments Schedule 22 — Super-affirmative procedure Crime and Courts Bill [HL] 1 [NOTE: The words marked in bold type were inserted by the Lords to avoid questions of privilege.] The Bill is divided into two volumes. Volume I contains the Clauses. Volume II contains the Schedules to the Bill. 5 10 Bill 137 55/2 2 Crime and Courts Bill [HL] Part 1 — The National Crime Agency A BILL 5 [AS AMENDED IN PUBLIC BILL COMMITTEE] TO Establish, and make provision about, the National Crime Agency; to abolish 10 the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected 15 purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present 20 BParliament assembled, and by the authority of the same, as follows:— PART 1 THE NATIONAL CRIME AGENCY 25 The NCA and its officers 1 The National Crime Agency 30 (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; 35 (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 securing that efficient and effective activities to combat organised crime and serious crime are carried out (whether by the NCA, other law enforcement agencies, or 40 other persons). (5) The NCA is to have the function (the “criminal intelligence function”) of gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following— (a) activities to combat organised crime or serious crime; (b) activities to combat any
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