Crime and Courts Act 2013

Crime and Courts Act 2013

Long title An Act 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.
Citation 2013 c 22
Introduced by Rt Hon Lord Henley
Territorial extent The whole of the United Kingdom with the exception of certain provisions in Part 2 and section 57 which extend to England and Wales only, and section 56 and Schedule 22 (drugs and driving) which extend to Great Britain.
Dates
Royal Assent 25 April 2013
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Crime and Courts Act 2013 (c. 22)[1] is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012.[2] Its main purpose is to create the United Kingdom National Crime Agency which would abolish the Serious Organised Crime Agency.[3] Part 2 of the Bill would relax the rules on filming court proceedings under controlled circumstances, whilst also amending the rules on 'self-defence'.

In addition to its original purpose, the Crime and Courts Bill was used in March 2013 to put into law changes to press regulation in response to the Leveson Inquiry into the ethics and behaviour of the media.[4]

The Bill reached its eighth sitting of its Committee Stage in November 2012 and the Report Stage in the House of Lords in December 2012.

There are 3 Parts of the Bill.[5]

Part 1: The National Crime Agency

Part 1 has sixteen sections involved in the creation of the National Crime Agency, which the Home Office calls 'a national crime-fighting agency'.[6] The NCA would incorporate the abolished Serious Organised Crime Agency, the Child Exploitation and Online Protection Centre and would absorb the National Cyber Crime Unit. It would abolish the National Policing Improvement Agency.[7]

Section 13 of Part 1 would prohibit any officer of the NCA from calling a strike.

Part 2: Courts and Justice

Part 2 deals with the administration of the British courts system, including the appointment of female judges,[8] and amending regulations on the payment of fines. A single county court and single family court for England and Wales would be created.[9] A "family court" would be created by an amendment to the Matrimonial and Family Proceedings Act 1984.

Schedule 12 has five parts related to the appointment of judges to the Supreme Court of the United Kingdom. Clause 22 would enable filming of court proceedings under controlled circumstances. Former Secretary of State for Justice Kenneth Clarke announced in September 2011[10] that only sentencing would be broadcast. There has been criticism about the change about the potential "Hollywoodisation" of justice following similar liberalisation moves in Scotland.[11]

Section 28 would abolish "scandalising the judiciary" or "scandalising the court" as a form of contempt of court under common law. The offence has not been prosecuted since 1931,[12] although it had been considered for use in 1999.[13]

Section 29 amends 'self-defence' regulations.

Part 3: Miscellaneous and General

This part deals with the right to appeal immigration rulings whilst resident in the UK and "drug driving" legislation.

§57 amends sections 5 and 6 of the Public Order Act 1986, replacing “, abusive or insulting” in the places where it occurs with “or abusive”. This change was in response to the 'Reform Section 5' campaign.[14]

References