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

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The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 is up to date with all changes known to be in force on or before 07 July 2020. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation and commencement

  3. PART 2 Proceeds of Crime (Foreign Property and Foreign Orders)

    1. CHAPTER 1 General

      1. 2.Extent

      2. 3.Interpretation

      3. 4.Consequential amendments

    2. CHAPTER 2 England and Wales

      1. 5.Interpretation

      2. 6.Domestic restraint orders: certification

      3. 7.Sending domestic restraint orders and certificates overseas

      4. 8.Sending overseas restraint orders to the court

      5. 9.Giving effect to overseas restraint orders

      6. 10.Registration and enforcement of overseas restraint orders

      7. 11.Domestic confiscation orders: certification

      8. 12.Sending domestic confiscation orders and certificates overseas

      9. 13.Sending overseas confiscation orders to the court

      10. 14.Giving effect to overseas confiscation orders

      11. 15.Registration and enforcement of overseas confiscation orders

    3. CHAPTER 3 Scotland

      1. 16.Provision in relation to the proceeds of crime as respects Scotland

    4. CHAPTER 4 Northern Ireland

      1. 17.Provision in relation to the proceeds of crime in relation to Northern Ireland

    5. CHAPTER 5 Notification, communication etc., and application to saved orders

      1. 18.Notification, communication etc.

      2. England and Wales

        1. 19.Saved restraint orders

        2. 20.Saved confiscation orders

      3. Scotland

        1. 21.Saved restraint orders

        2. 22.Saved confiscation orders

      4. Northern Ireland

        1. 23.Saved restraint orders

        2. 24.Saved confiscation orders

  4. PART 3 Mutual Recognition of Financial Penalties

    1. 25.Extent

    2. 26.Mutual recognition of financial penalties

  5. PART 4 Data Protection in relation to Police and Judicial Cooperation in Criminal Matters

    1. CHAPTER 1 General

      1. 27.Interpretation

      2. 28.Scope

    2. CHAPTER 2 Duties of competent authorities and rights of data subjects

      1. 29.Duties of competent authorities

      2. 30.Principles of lawfulness, proportionality and purpose

      3. 31.Rectification, erasure and blocking

      4. 32.Establishment of time limits for erasure and review

      5. 33.Processing of sensitive personal data

      6. 34.Automated individual decisions

      7. 35.Verification of quality of data that are transmitted or made available

      8. 36.Time limits

      9. 37.Logging and documentation

      10. 38.Processing of personal data received from or made available by an authority in another Member State

      11. 39.Compliance with national processing restrictions

      12. 40.Transfer to competent authorities in third countries or to international bodies

      13. 41.Transmission to private parties

      14. 42.Information on request of the competent authority

      15. 43.Information for the data subject

      16. 44.Right of access

      17. 45.Right to compensation

      18. 46.Confidentiality of processing

      19. 47.Security of processing

      20. 48.Prior consultation

    3. CHAPTER 3 Miscellaneous

      1. 49.Unlawful obtaining etc. of personal data within the scope of this Part

      2. 50.Application of the Data Protection Act 1998

      3. 51.Other functions of the Commissioner

      4. 52.Consequential provisions

  6. PART 5 Exchange of Information and Intelligence between Law Enforcement Authorities

    1. 53.Interpretation

    2. 54.Duty to provide information or intelligence

    3. 55.Time limits

    4. 56.Requests for information or intelligence

    5. 57.Spontaneous exchange of information or intelligence

    6. 58.Requirements for the sharing of information or intelligence

    7. 59.Reasons to withhold information or intelligence

    8. 60.Circulars

    9. 61.Joint investigation teams

  7. PART 6 Exchange of Information Relating to Criminal Convictions

    1. 62.Interpretation

    2. 63.Designation as a “central authority”

    3. 64.Obligations upon conviction of a national of a member State

    4. 65.Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision

    5. 66.Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person

    6. 67.Replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings

    7. 68.Replies to a request for information under Article 6 of the Framework Decision by a third country

    8. 69.Replies 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

    9. 70.Form of reply to a request for information under Article 6 of the Framework Decision

    10. 71.Deadlines for replies to a request for information under Article 6 of the Framework Decision

    11. 72.Conditions for the use of personal data

    12. 73.Format and other ways of organising and facilitating exchanges of information on convictions

    13. 74.Further rules relating to the format of transmission of information: legal classification, etc

  8. PART 7 European Supervision Order

    1. CHAPTER 1 Extent

      1. 75.Extent

    2. CHAPTER 2 European supervision orders: England and Wales

      1. 76.Interpretation

      2. Recognition of supervision measures: requests to other member States

        1. 77.Requests to other member States for monitoring supervision measures

        2. 78.Requirements that may be imposed in connection with a request

        3. 79.Recognition of request

        4. 80.Power to withdraw certificate

        5. 81.Duties where measures being monitored by executing State

        6. 82.Request to extend maximum period for which measures may be monitored

        7. 83.Court becoming responsible again for monitoring measures

        8. 84.Consultation and exchange of information

      3. Recognition of supervision measures: requests from other member States

        1. 85.Requests from other member States for monitoring supervision measures

        2. 86.Procedural requirements relating to decision under regulation 85(4)

        3. 87.Adaptation of supervision measures

        4. 88.Recognition of decision on supervision measures

        5. 89.Duties of court responsible for monitoring supervision measures

        6. 90.Power to stop monitoring where no response to notification of breach

        7. 91.Power of arrest where magistrates' court responsible for monitoring supervision measures

        8. 92.Renewal or modification of supervision measures which are being monitored

        9. 93.Court ceasing to be responsible for monitoring measures

        10. 94.Consultation and exchange of information

    3. CHAPTER 3 European supervision orders: Northern Ireland

      1. 95.Interpretation

      2. Recognition of supervision measures: requests to other member States

        1. 96.Requests to other member States for monitoring supervision measures

        2. 97.Requirements that may be imposed in connection with a request

        3. 98.Recognition of request

        4. 99.Power to withdraw certificate

        5. 100.Duties where measures being monitored by executing State

        6. 101.Request to extend maximum period for which measures may be monitored

        7. 102.Court becoming responsible again for monitoring measures

        8. 103.Consultation and exchange of information

      3. Recognition of supervision measures: requests from other member States

        1. 104.Requests from other member States for monitoring supervision measures

        2. 105.Procedural requirements relating to decision under regulation 104(4)

        3. 106.Adaptation of supervision measures

        4. 107.Effect of recognition of decision on supervision measures

        5. 108.Duties of court responsible for monitoring supervision measures

        6. 109.Power to stop monitoring where no response to notification of breach

        7. 110.Power of arrest where magistrates' court responsible for monitoring supervision measures

        8. 111.Renewal or modification of supervision measures which are being monitored

        9. 112.Court ceasing to be responsible for monitoring measures

        10. 113.Consultation and exchange of information

  9. PART 8 Prisoner Transfer

    1. 114.Transfer of prisoners

  10. Signature

    1. SCHEDULE 1

      Proceeds of Crime (Foreign Property and Foreign Orders): Scotland

      1. 1.Interpretation

      2. 2.Domestic restraint orders: certification

      3. 3.Sending domestic restraint orders and certificates overseas

      4. 4.Sending overseas restraint orders to the court

      5. 5.Giving effect to overseas restraint orders

      6. 6.Registration and enforcement of overseas restraint orders

      7. 7.Domestic confiscation orders: certification

      8. 8.Sending domestic confiscation orders and certificates overseas

      9. 9.Sending overseas confiscation orders to the court

      10. 10.Giving effect to overseas confiscation orders

      11. 11.Registration and enforcement of overseas confiscation orders

    2. SCHEDULE 2

      Proceeds of Crime (Foreign Property and Foreign Orders): Northern Ireland

      1. 1.Interpretation

      2. 2.Domestic restraint orders: certification

      3. 3.Sending domestic restraint orders and certificates overseas

      4. 4.Sending overseas restraint orders to the court

      5. 5.Giving effect to overseas restraint orders

      6. 6.Registration and enforcement of overseas restraint orders

      7. 7.Domestic confiscation orders: certification

      8. 8.Sending domestic confiscation orders and certificates overseas

      9. 9.Sending overseas confiscation orders to the court

      10. 10.Giving effect to overseas confiscation orders

      11. 11.Registration and enforcement of overseas confiscation orders

    3. SCHEDULE 3

      Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008

      1. 1.The Criminal Justice and Immigration Act 2008 is amended as...

      2. 2.(1) Section 81 (procedure on issue of certificate: England and...

      3. 3.(1) Section 83 (procedure on issue of certificate: Northern Ireland)...

      4. 4.In section 84 (requests from other member States: England and...

      5. 5.(1) Section 85 (procedure on receipt of certificate by designated...

      6. 6.(1) Section 86 (modification of Magistrates' Courts Act 1980) is...

      7. 7.In section 87 (requests from other member States: Northern Ireland)...

      8. 8.(1) Section 88 (procedure on receipt of certificate by clerk...

      9. 9.(1) Section 89 (modification of Magistrates' Courts (Northern Ireland) Order...

      10. 10.In section 90 (transfer of certificates to central authority for...

      11. 11.(1) Section 90A (transfer of certificates by Department of Justice...

      12. 12.(1) Section 91 (recognition of financial penalties: general) is amended...

      13. 13.In section 92 (interpretation of sections 80 to 91 etc)...

      14. 14.In section 147 (orders, rules and regulations) , in subsection...

      15. 15.In section 152 (extent)— (a) in subsection (3)(e), for “and...

      16. 16.(1) Schedule 19 (grounds for refusal to enforce financial penalties)...

    4. SCHEDULE 4

      UK competent authorities

      1. PART 1

        1. The Association of Chief Police Officers

        2. The Chief Officer of a Police force for a Police...

        3. The Chief Constable of the Police Service of Northern Ireland...

        4. The Chief Constable of the Police Service of Scotland

        5. ...

        6. The Crown Agent

        7. The Director-General of the Northern Ireland Prison Service

        8. The Director of Public Prosecutions

        9. The Director of Public Prosecutions for Northern Ireland

        10. The Financial Conduct Authority

        11. ...

        12. The Health and Safety Executive

        13. Her Majesty's Revenue and Customs

        14. ...

        15. The Information Commissioner

        16. The Lord Advocate

        17. ...

        18. The Ministry of Defence Police Service

        19. ...

        20. The National Crime Agency

        21. The Northern Ireland Department of Justice

        22. The Port of Dover Police

        23. A Procurator Fiscal

        24. The Scottish Court Service

        25. The Scottish Information Commissioner

        26. The Scottish Ministers

        27. The Scottish Police Authority

        28. The Secretary of State for Business, Energy and Industrial Strategy...

        29. The Secretary of State for... Communities and Local Government

        30. The Secretary of State for Defence

        31. ...

        32. The Secretary of State for... Environment, Food and Rural Affairs...

        33. The Secretary of State for Foreign and Commonwealth Affairs

        34. The Secretary of State for... Health and Social Care

        35. The Secretary of State for the Home Department

        36. The Secretary of State for Justice

        37. The Secretary of State for... Transport

        38. The Secretary of State for... Work and Pensions

        39. The Serious Fraud Office

      2. PART 2

        1. An agency or other body established by a legal instrument...

    5. SCHEDULE 5

      Functions of the Commissioner under the Act: modifications

    6. SCHEDULE 6

      Grounds for refusal to monitor supervision measures

      1. PART 1 Grounds for refusal

        1. 1.The certificate requesting monitoring under the Framework Decision—

        2. 2.(1) Where the person subject to the decision on supervision...

        3. 3.The certificate includes measures other than those referred to in...

        4. 4.Recognition of the decision on supervision measures would contravene the...

        5. 5.(1) The decision on supervision measures was based on conduct...

        6. 6.The decision was based on conduct where, under the law...

        7. 7.The decision on supervision measures was based on conduct by...

        8. 8.The conduct on which the decision on supervision measures was...

        9. 9.It appears that the decision on supervision measures was in...

      2. PART 2 European Framework List (supervision measures)

        1. 10.Participation in a criminal organisation.

        2. 11.Terrorism.

        3. 12.Trafficking in human beings.

        4. 13.Sexual exploitation of children and child pornography.

        5. 14.Illicit trafficking in narcotic drugs and psychotropic substances.

        6. 15.Illicit trafficking in weapons, munitions and explosives.

        7. 16.Corruption.

        8. 17.Fraud, including that affecting the financial interests of the European...

        9. 18.Laundering of the proceeds of crime.

        10. 19.Counterfeiting currency, including of the euro.

        11. 20.Computer-related crime.

        12. 21.Environmental crime, including illicit trafficking in endangered animal species and...

        13. 22.Facilitation of unauthorised entry and residence.

        14. 23.Murder, grievous bodily injury.

        15. 24.Illicit trade in human organs and tissue.

        16. 25.Kidnapping, illegal restraint and hostage-taking.

        17. 26.Racism and xenophobia.

        18. 27.Organised or armed robbery.

        19. 28.Illicit trafficking in cultural goods, including antiques and works of...

        20. 29.Swindling.

        21. 30.Racketeering and extortion.

        22. 31.Counterfeiting and piracy of products.

        23. 32.Forgery of administrative documents and trafficking therein.

        24. 33.Forgery of means of payment.

        25. 34.Illicit trafficking in hormonal substances and other growth promoters.

        26. 35.Illicit trafficking in nuclear or radioactive materials.

        27. 36.Trafficking in stolen vehicles.

        28. 37.Rape.

        29. 38.Arson.

        30. 39.Crimes within the jurisdiction of the International Criminal Court.

        31. 40.Unlawful seizure of aircraft or ships.

        32. 41.Sabotage.

      3. PART 3 Interpretation

        1. 42.In this Schedule— “conduct” includes any act or omission; “relevant...

  11. Explanatory Note

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