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The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 in England

S.I. 2014/3141 · Made 2 December 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Criminal Law

Data Protection

Made 2nd December 2014

Coming into force in accordance with regulation 1

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to criminal justice M2 and data protection M3, in exercise of the powers conferred by that section, makes the following Regulations.

A draft of the Regulations has been laid before and approved by resolution of each House of Parliament in accordance with section 2(2) of, and paragraph 2(2) of Schedule 2 to, that Act.

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M2

S.I. 2012/2752.

M3

S.I. 1998/2793.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. Part 2: Proceeds of Crime (Foreign Property and Foreign Orders) Repealed
  4. Chapter 1: General Repealed
  5. 2Extent Repealed
  6. 3Interpretation Repealed
  7. 4Consequential amendments Repealed
  8. Chapter 2: England and Wales Repealed
  9. 5Interpretation Repealed
  10. 6Domestic restraint orders: certification Repealed
  11. 7Sending domestic restraint orders and certificates overseas Repealed
  12. 8Sending overseas restraint orders to the court Repealed
  13. 9Giving effect to overseas restraint orders Repealed
  14. 10Registration and enforcement of overseas restraint orders Repealed
  15. 11Domestic confiscation orders: certification Repealed
  16. 12Sending domestic confiscation orders and certificates overseas Repealed
  17. 13Sending overseas confiscation orders to the court Repealed
  18. 14Giving effect to overseas confiscation orders Repealed
  19. 15Registration and enforcement of overseas confiscation orders Repealed
  20. 16Provision in relation to the proceeds of crime as respects Scotland Repealed
  21. 17Provision in relation to the proceeds of crime in relation to Northern Ireland Repealed
  22. Chapter 5: Notification, communication etc., and application to saved orders Repealed
  23. 18Notification, communication etc. Repealed
  24. England and Wales Repealed
  25. 19Saved restraint orders Repealed
  26. 20Saved confiscation orders Repealed
  27. 21Saved restraint orders Repealed
  28. 22Saved confiscation orders Repealed
  29. 23Saved restraint orders Repealed
  30. 24Saved confiscation orders Repealed
  31. Part 3: Mutual Recognition of Financial Penalties
  32. 25Extent
  33. 26Mutual recognition of financial penalties
  34. Part 4: Data Protection in relation to Police and Judicial Cooperation in Criminal Matters Repealed
  35. Chapter 1: General Repealed
  36. 27Interpretation Repealed
  37. 28Scope Repealed
  38. Chapter 2: Duties of competent authorities and rights of data subjects Repealed
  39. 29Duties of competent authorities Repealed
  40. 30Principles of lawfulness, proportionality and purpose Repealed
  41. 31Rectification, erasure and blocking Repealed
  42. 32Establishment of time limits for erasure and review Repealed
  43. 33Processing of sensitive personal data Repealed
  44. 34Automated individual decisions Repealed
  45. 35Verification of quality of data that are transmitted or made available Repealed
  46. 36Time limits Repealed
  47. 37Logging and documentation Repealed
  48. 38Processing of personal data received from or made available by an authority in another Member State Repealed
  49. 39Compliance with national processing restrictions Repealed
  50. 40Transfer to competent authorities in third countries or to international bodies Repealed
  51. 41Transmission to private parties Repealed
  52. 42Information on request of the competent authority Repealed
  53. 43Information for the data subject Repealed
  54. 44Right of access Repealed
  55. 45Right to compensation Repealed
  56. 46Confidentiality of processing Repealed
  57. 47Security of processing Repealed
  58. 48Prior consultation Repealed
  59. Chapter 3: Miscellaneous Repealed
  60. 49Unlawful obtaining etc. of personal data within the scope of this Part Repealed
  61. 50Application of the Data Protection Act 1998 Repealed
  62. 51Other functions of the Commissioner Repealed
  63. 52Consequential provisions Repealed
  64. Part 5: Exchange of Information and Intelligence between Law Enforcement Authorities Repealed
  65. 53Interpretation Repealed
  66. 54Duty to provide information or intelligence Repealed
  67. 55Time limits Repealed
  68. 56Requests for information or intelligence Repealed
  69. 57Spontaneous exchange of information or intelligence Repealed
  70. 58Requirements for the sharing of information or intelligence Repealed
  71. 59Reasons to withhold information or intelligence Repealed
  72. 60Circulars Repealed
  73. 61Joint investigation teams Repealed
  74. Part 6: Exchange of Information Relating to Criminal Convictions Repealed
  75. 62Interpretation Repealed
  76. 63Designation as a “central authority” Repealed
  77. 64Obligations upon conviction of a national of a member State Repealed
  78. 65Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision Repealed
  79. 66Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person Repealed
  80. 67Replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings Repealed
  81. 68Replies to a request for information under Article 6 of the Framework Decision by a third country Repealed
  82. 69Replies to a request for information under Article 6 of the Framework Decision to a central authority of a member State other than the member State of the person's nationality Repealed
  83. 70Form of reply to a request for information under Article 6 of the Framework Decision Repealed
  84. 71Deadlines for replies to a request for information under Article 6 of the Framework Decision Repealed
  85. 72Conditions for the use of personal data Repealed
  86. 73Format and other ways of organising and facilitating exchanges of information on convictions Repealed
  87. 74Further rules relating to the format of transmission of information: legal classification, etc Repealed
  88. Part 7: European Supervision Order Repealed
  89. Chapter 1: Extent Repealed
  90. 75Extent Repealed
  91. Chapter 2: European supervision orders: England and Wales Repealed
  92. 76Interpretation Repealed
  93. Recognition of supervision measures: requests to other member States Repealed
  94. 77Requests to other member States for monitoring supervision measures Repealed
  95. 78Requirements that may be imposed in connection with a request Repealed
  96. 79Recognition of request Repealed
  97. 80Power to withdraw certificate Repealed
  98. 81Duties where measures being monitored by executing State Repealed
  99. 82Request to extend maximum period for which measures may be monitored Repealed
  100. 83Court becoming responsible again for monitoring measures Repealed
  101. 84Consultation and exchange of information Repealed
  102. Recognition of supervision measures: requests from other member States Repealed
  103. 85Requests from other member States for monitoring supervision measures Repealed
  104. 86Procedural requirements relating to decision under regulation 85(4) Repealed
  105. 87Adaptation of supervision measures Repealed
  106. 88Recognition of decision on supervision measures Repealed
  107. 89Duties of court responsible for monitoring supervision measures Repealed
  108. 90Power to stop monitoring where no response to notification of breach Repealed
  109. 91Power of arrest where magistrates' court responsible for monitoring supervision measures Repealed
  110. 92Renewal or modification of supervision measures which are being monitored Repealed
  111. 93Court ceasing to be responsible for monitoring measures Repealed
  112. 94Consultation and exchange of information Repealed
  113. 95Interpretation Repealed
  114. Recognition of supervision measures: requests to other member States Repealed
  115. 96Requests to other member States for monitoring supervision measures Repealed
  116. 97Requirements that may be imposed in connection with a request Repealed
  117. 98Recognition of request Repealed
  118. 99Power to withdraw certificate Repealed
  119. 100Duties where measures being monitored by executing State Repealed
  120. 101Request to extend maximum period for which measures may be monitored Repealed
  121. 102Court becoming responsible again for monitoring measures Repealed
  122. 103Consultation and exchange of information Repealed
  123. Recognition of supervision measures: requests from other member States Repealed
  124. 104Requests from other member States for monitoring supervision measures Repealed
  125. 105Procedural requirements relating to decision under regulation 104(4) Repealed
  126. 106Adaptation of supervision measures Repealed
  127. 107Effect of recognition of decision on supervision measures Repealed
  128. 108Duties of court responsible for monitoring supervision measures Repealed
  129. 109Power to stop monitoring where no response to notification of breach Repealed
  130. 111Renewal or modification of supervision measures which are being monitored Repealed
  131. 112Court ceasing to be responsible for monitoring measures Repealed
  132. 113Consultation and exchange of information Repealed
  133. Part 8: Prisoner Transfer
  134. 114Transfer of prisoners
  135. Signature
  136. 3Sending domestic restraint orders and certificates overseas Repealed
  137. 5Giving effect to overseas restraint orders Repealed
  138. 6Registration and enforcement of overseas restraint orders Repealed
  139. 8Sending domestic confiscation orders and certificates overseas Repealed
  140. 10Giving effect to overseas confiscation orders Repealed
  141. 11Registration and enforcement of overseas confiscation orders Repealed
  142. 2Domestic restraint orders: certification Repealed
  143. 3Sending domestic restraint orders and certificates overseas Repealed
  144. 5Giving effect to overseas restraint orders Repealed
  145. 6Registration and enforcement of overseas restraint orders Repealed
  146. 7Domestic confiscation orders: certification Repealed
  147. 8Sending domestic confiscation orders and certificates overseas Repealed
  148. 9Sending overseas confiscation orders to the court Repealed
  149. 10Giving effect to overseas confiscation orders Repealed
  150. 11Registration and enforcement of overseas confiscation orders Repealed
  151. Schedule 3: Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. 5Paragraph 5
  157. 6Paragraph 6
  158. 7Paragraph 7
  159. 8Paragraph 8
  160. 9Paragraph 9
  161. 10Paragraph 10
  162. 11Paragraph 11
  163. 12Paragraph 12
  164. 13Paragraph 13
  165. 14Paragraph 14
  166. 15Paragraph 15
  167. 16Paragraph 16
  168. Schedule 4: UK competent authorities
  169. 1Part 1
  170. Paragraph
  171. Paragraph
  172. Paragraph
  173. Paragraph
  174. Paragraph Repealed
  175. Paragraph
  176. Paragraph
  177. Paragraph
  178. Paragraph
  179. Paragraph
  180. Paragraph Repealed
  181. Paragraph
  182. Paragraph
  183. Paragraph Repealed
  184. Paragraph
  185. Paragraph
  186. Paragraph Repealed
  187. Paragraph
  188. Paragraph Repealed
  189. Paragraph
  190. Paragraph
  191. Paragraph
  192. Paragraph
  193. Paragraph
  194. Paragraph
  195. Paragraph
  196. Paragraph
  197. Paragraph
  198. Paragraph Repealed
  199. Paragraph
  200. Paragraph
  201. Paragraph
  202. Paragraph
  203. Paragraph
  204. Part 2
  205. Paragraph
  206. Schedule 5Functions of the Commissioner under the Act: modifications
  207. Schedule 6: Grounds for refusal to monitor supervision measures Repealed
  208. Part 1: Grounds for refusal Repealed
  209. 1Paragraph 1 Repealed
  210. 2Paragraph 2 Repealed
  211. 3Paragraph 3 Repealed
  212. 4Paragraph 4 Repealed
  213. 5Paragraph 5 Repealed
  214. 6Paragraph 6 Repealed
  215. 7Paragraph 7 Repealed
  216. 8Paragraph 8 Repealed
  217. 9Paragraph 9 Repealed
  218. Part 2: European Framework List (supervision measures) Repealed
  219. 10Paragraph 10 Repealed
  220. 11Paragraph 11 Repealed
  221. 12Paragraph 12 Repealed
  222. 13Paragraph 13 Repealed
  223. 14Paragraph 14 Repealed
  224. 15Paragraph 15 Repealed
  225. 16Paragraph 16 Repealed
  226. 17Paragraph 17 Repealed
  227. 18Paragraph 18 Repealed
  228. 19Paragraph 19 Repealed
  229. 20Paragraph 20 Repealed
  230. 21Paragraph 21 Repealed
  231. 22Paragraph 22 Repealed
  232. 23Paragraph 23 Repealed
  233. 24Paragraph 24 Repealed
  234. 25Paragraph 25 Repealed
  235. 26Paragraph 26 Repealed
  236. 27Paragraph 27 Repealed
  237. 28Paragraph 28 Repealed
  238. 29Paragraph 29 Repealed
  239. 30Paragraph 30 Repealed
  240. 31Paragraph 31 Repealed
  241. 32Paragraph 32 Repealed
  242. 33Paragraph 33 Repealed
  243. 34Paragraph 34 Repealed
  244. 35Paragraph 35 Repealed
  245. 36Paragraph 36 Repealed
  246. 37Paragraph 37 Repealed
  247. 38Paragraph 38 Repealed
  248. 39Paragraph 39 Repealed
  249. 40Paragraph 40 Repealed
  250. 41Paragraph 41 Repealed
  251. Part 3: Interpretation Repealed
  252. 42Paragraph 42 Repealed
  253. Explanatory note