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Crime and Courts Bill [HL]

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Crime and Courts Bill [HL] Crime and Courts Bill [HL] [AS AMENDED IN COMMITTEE] CONTENTS PART 1 THE NATIONAL CRIME AGENCY The NCA and its officers 1 The National Crime Agency 2 Modification of NCA functions 3 Strategic priorities 4 Operations Other functions etc. 5 Relationships between NCA and other agencies: tasking etc 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 General 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 NPIA 16 Interpretation of Part 1 PART 2 COURTS AND JUSTICE Administration of justice 17 Civil and family proceedings in England and Wales 18 Judicial appointments 19 Deployment of the judiciary HL Bill 49 55/2 ii Crime and Courts Bill [HL] 20 Transfer of immigration or nationality judicial review applications 21 Payment of fines and other sums 22 Disclosure of information for calculating fees of courts, tribunals etc 23 Enabling the making, and use, of films and other recordings of proceedings Community and other non-custodial sentencing 24 Dealing non-custodially with offenders Deferred prosecution agreements 25 Deferred prosecution agreements PART 3 MISCELLANEOUS AND GENERAL Border control 26 Appeals against refusal of entry clearance to visit the UK 27 Restriction on right of appeal from within the United Kingdom 28 Powers of immigration officers Drugs and driving 29 Drugs and driving General 30 Orders and regulations 31 Consequential amendments 32 Transitional, transitory or saving provision 33 Short title, commencement and extent Schedule 1 — The NCA & NCA officers Part 1 — The NCA Part 2 — NCA officers 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 9(1) Crime and Courts Bill [HL] iii 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 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 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 — Judicial appointments Part 1 — Judges of the Supreme Court: number and selection Part 2 — Diversity Part 3 — Judicial Appointments Commission Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor Part 5 — Abolition of office of assistant Recorder Schedule 13 — 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 14 — Powers of immigration officers: further provision Part 1 — General iv Crime and Courts Bill [HL] Part 2 — Modification of applied enactments Part 3 — Scotland Schedule 15 — Drugs and driving: minor and consequential amendments Schedule 16 — 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— Statements of assets and other financial circumstances of offenders etc Part 6 — Information to enable a court to deal with an offender Part 7 — Related amendments in Armed Forces Act 2006 Schedule 17 — 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 18 — Super-affirmative procedure Crime and Courts Bill [HL] 1 Part 1 — The National Crime Agency A BILL [AS AMENDED IN COMMITTEE] TO Establish, and make provision about, the National Crime Agency; to abolish 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 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 BParliament assembled, and by the authority of the same, as follows:— PART 1 THE NATIONAL CRIME AGENCY The NCA and its officers 1 The National Crime Agency (1) A National Crime Agency, consisting of the NCA officers, is to be formed. 5 (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 10 (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 HL Bill 49 55/2 2 Crime and Courts Bill [HL] Part 1 — The National Crime Agency crime are carried out (whether by the NCA, other law enforcement agencies, or 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— 5 (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 section 341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders (within the meaning of Part 7 of the Coroners and Justice Act 2009), and 10 applications 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, 15 (b) investigating offences relating to organised crime or serious crime, and (c) otherwise carrying out activities to combat organised crime and serious crime, including by instituting criminal proceedings in England and Wales and Northern Ireland. (8) The second way is by the NCA securing that activities to combat organised 20 crime or serious crime are carried out by persons other than the NCA. (9) The third way is by the NCA securing improvements— (a) in co-operation between persons who carry out activities to combat organised crime or serious crime, and (b) in co-ordination of activities to combat organised crime or serious 25 crime. (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 in Scotland. 30 (11) In this Part, a reference to activities to combat crime (or a particular kind of crime, 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 to that kind of crime), 35 (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 particular kind of crime) are to be construed accordingly. (12) Schedule 1 (the NCA & NCA officers) has effect. 40 2 Modification 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 modifying such functions); and 45 Crime and Courts Bill [HL] 3 Part 1 — The National Crime Agency (b) other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions).
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