The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
Draft 2014, ISBN 9780111122723
Draft Regulations laid before Parliament under section 2(2) of, and paragraph 2(2) of Schedule 2 to, the European Communities Act 1972, for approval by resolution of each House of Parliament.
Criminal Law
Data Protection
Made 2014
Coming into force in accordance with regulation 1
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
Footnotes
- f1
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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).
- f2
- f3
Contents
- Part 1: General
- 1Citation and commencement
- Part 2: Proceeds of Crime (Foreign Property and Foreign Orders)
- Chapter 1: General
- 2Extent
- 3Interpretation
- 4Consequential amendments
- Chapter 2: England and Wales
- 5Interpretation
- 6Domestic restraint orders: certification
- 7Sending domestic restraint orders and certificates overseas
- 8Sending overseas restraint orders to the court
- 9Giving effect to overseas restraint orders
- 10Registration and enforcement of overseas restraint orders
- 11Domestic confiscation orders: certification
- 12Sending domestic confiscation orders and certificates overseas
- 13Sending overseas confiscation orders to the court
- 14Giving effect to overseas confiscation orders
- 15Registration and enforcement of overseas confiscation orders
- Chapter 3: Scotland
- 16Provision in relation to the proceeds of crime as respects Scotland
- Chapter 4: Northern Ireland
- 17Provision in relation to the proceeds of crime in relation to Northern Ireland
- Chapter 5: Notification, communication etc., and application to saved orders
- 18Notification, communication etc.
- England and Wales
- 19Saved restraint orders
- 20Saved confiscation orders
- Scotland
- 21Saved restraint orders
- 22Saved confiscation orders
- Northern Ireland
- 23Saved restraint orders
- 24Saved confiscation orders
- Part 3: Mutual Recognition of Financial Penalties
- 25Extent
- 26Mutual recognition of financial penalties
- Part 4: Data Protection in relation to Police and Judicial Cooperation in Criminal Matters
- Chapter 1: General
- 27Interpretation
- 28Scope
- Chapter 2: Duties of competent authorities and rights of data subjects
- 29Duties of competent authorities
- 30Principles of lawfulness, proportionality and purpose
- 31Rectification, erasure and blocking
- 32Establishment of time limits for erasure and review
- 33Processing of sensitive personal data
- 34Automated individual decisions
- 35Verification of quality of data that are transmitted or made available
- 36Time limits
- 37Logging and documentation
- 38Processing of personal data received from or made available by an authority in another Member State
- 39Compliance with national processing restrictions
- 40Transfer to competent authorities in third countries or to international bodies
- 41Transmission to private parties
- 42Information on request of the competent authority
- 43Information for the data subject
- 44Right of access
- 45Right to compensation
- 46Confidentiality of processing
- 47Security of processing
- 48Prior consultation
- Chapter 3: Miscellaneous
- 49Unlawful obtaining etc. of personal data within the scope of this Part
- 50Application of the Data Protection Act 1998
- 51Other functions of the Commissioner
- 52Consequential provisions
- Part 5: Exchange of Information and Intelligence between Law Enforcement Authorities
- 53Interpretation
- 54Duty to provide information or intelligence
- 55Time limits
- 56Requests for information or intelligence
- 57Spontaneous exchange of information or intelligence
- 58Requirements for the sharing of information or intelligence
- 59Reasons to withhold information or intelligence
- 60Circulars
- 61Joint investigation teams
- Part 6: Exchange of Information Relating to Criminal Convictions
- 62Interpretation
- 63Designation as a “central authority”
- 64Obligations upon conviction of a national of a member State
- 65Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision
- 66Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person
- 67Replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings
- 68Replies to a request for information under Article 6 of the Framework Decision by a third country
- 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
- 70Form of reply to a request for information under Article 6 of the Framework Decision
- 71Deadlines for replies to a request for information under Article 6 of the Framework Decision
- 72Conditions for the use of personal data
- 73Format and other ways of organising and facilitating exchanges of information on convictions
- 74Further rules relating to the format of transmission of information: legal classification, etc
- Part 7: European Supervision Order
- Chapter 1: Extent
- 75Extent
- Chapter 2: European supervision orders: England and Wales
- 76Interpretation
- Recognition of supervision measures: requests to other member States
- 77Requests to other member States for monitoring supervision measures
- 78Requirements that may be imposed in connection with a request
- 79Recognition of request
- 80Power to withdraw certificate
- 81Duties where measures being monitored by executing State
- 82Request to extend maximum period for which measures may be monitored
- 83Court becoming responsible again for monitoring measures
- 84Consultation and exchange of information
- Recognition of supervision measures: requests from other member States
- 85Requests from other member States for monitoring supervision measures
- 86Procedural requirements relating to decision under regulation 85(4)
- 87Adaptation of supervision measures
- 88Recognition of decision on supervision measures
- 89Duties of court responsible for monitoring supervision measures
- 90Power to stop monitoring where no response to notification of breach
- 91Power of arrest where magistrates’ court responsible for monitoring supervision measures
- 92Renewal or modification of supervision measures which are being monitored
- 93Court ceasing to be responsible for monitoring measures
- 94Consultation and exchange of information
- Chapter 3: European supervision orders: Northern Ireland
- 95Interpretation
- Recognition of supervision measures: requests to other member States
- 96Requests to other member States for monitoring supervision measures
- 97Requirements that may be imposed in connection with a request
- 98Recognition of request
- 99Power to withdraw certificate
- 100Duties where measures being monitored by executing State
- 101Request to extend maximum period for which measures may be monitored
- 102Court becoming responsible again for monitoring measures
- 103Consultation and exchange of information
- Recognition of supervision measures: requests from other member States
- 104Requests from other member States for monitoring supervision measures
- 105Procedural requirements relating to decision under regulation 104(4)
- 106Adaptation of supervision measures
- 107Effect of recognition of decision on supervision measures
- 108Duties of court responsible for monitoring supervision measures
- 109Power to stop monitoring where no response to notification of breach
- 110Power of arrest where magistrates’ court responsible for monitoring supervision measures
- 111Renewal or modification of supervision measures which are being monitored
- 112Court ceasing to be responsible for monitoring measures
- 113Consultation and exchange of information
- Part 8: Prisoner Transfer
- 114Transfer of prisoners
- Signature
- Schedule 1: Proceeds of Crime (Foreign Property and Foreign Orders): Scotland
- 1Interpretation
- 2Domestic restraint orders: certification
- 3Sending domestic restraint orders and certificates overseas
- 4Sending overseas restraint orders to the court
- 5Giving effect to overseas restraint orders
- 6Registration and enforcement of overseas restraint orders
- 7Domestic confiscation orders: certification
- 8Sending domestic confiscation orders and certificates overseas
- 9Sending overseas confiscation orders to the court
- 10Giving effect to overseas confiscation orders
- 11Registration and enforcement of overseas confiscation orders
- Schedule 2: Proceeds of Crime (Foreign Property and Foreign Orders): Northern Ireland
- 1Interpretation
- 2Domestic restraint orders: certification
- 3Sending domestic restraint orders and certificates overseas
- 4Sending overseas restraint orders to the court
- 5Giving effect to overseas restraint orders
- 6Registration and enforcement of overseas restraint orders
- 7Domestic confiscation orders: certification
- 8Sending domestic confiscation orders and certificates overseas
- 9Sending overseas confiscation orders to the court
- 10Giving effect to overseas confiscation orders
- 11Registration and enforcement of overseas confiscation orders
- Schedule 3: Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 4: UK competent authorities
- 1Part 1
- 2Part 2
- Schedule 5Functions of the Commissioner under the Act: modifications
- Schedule 6: Grounds for refusal to monitor supervision measures
- Part 1: Grounds for refusal
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: European Framework List (supervision measures)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- Part 3: Interpretation
- 42Paragraph 42
- Explanatory note