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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111122723

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to criminal justicef2 and data protectionf3, 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

Footnotes

f1

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

S.I. 2012/2752.

f3

S.I. 1998/2793.

Contents

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