The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
PART 1General
1Citation and commencement
PART 2Proceeds of Crime (Foreign Property and Foreign Orders)
CHAPTER 1General
2Extent
3Interpretation
4Consequential amendments
CHAPTER 2England 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 3Scotland
16Provision in relation to the proceeds of crime as respects Scotland
CHAPTER 4Northern Ireland
17Provision in relation to the proceeds of crime in relation to Northern Ireland
CHAPTER 5Notification, 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 3Mutual Recognition of Financial Penalties
25Extent
26Mutual recognition of financial penalties
PART 4Data Protection in relation to Police and Judicial Cooperation in Criminal Matters
CHAPTER 1General
27Interpretation
28Scope
CHAPTER 2Duties 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 3Miscellaneous
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 5Exchange 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 6Exchange 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 7European Supervision Order
CHAPTER 1Extent
75Extent
CHAPTER 2European 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 3European 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 8Prisoner Transfer
114Transfer of prisoners
SCHEDULE 1Proceeds 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 2Proceeds 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 3Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
1The Criminal Justice and Immigration Act 2008 is amended as...
2(1) Section 81 (procedure on issue of certificate: England and...
3(1) Section 83 (procedure on issue of certificate: Northern Ireland)...
4In section 84 (requests from other member States: England and...
5(1) Section 85 (procedure on receipt of certificate by designated...
6(1) Section 86 (modification of Magistrates’ Courts Act 1980) is...
7In section 87 (requests from other member States: Northern Ireland),...
8(1) Section 88 (procedure on receipt of certificate by clerk...
9(1) Section 89 (modification of Magistrates’ Courts (Northern Ireland) Order...
10In section 90 (transfer of certificates to central authority for...
11(1) Section 90A (transfer of certificates by Department of Justice...
12(1) Section 91 (recognition of financial penalties: general) is amended...
13In section 92 (interpretation of sections 80 to 91 etc),...
14In section 147 (orders, rules and regulations), in subsection (5)(d),...
15In section 152 (extent)— (a) in subsection (3)(e), for “and...
16(1) Schedule 19 (grounds for refusal to enforce financial penalties)...
SCHEDULE 4UK competent authorities
PART 1
PART 2
SCHEDULE 5Functions of the Commissioner under the Act: modifications
SCHEDULE 6Grounds for refusal to monitor supervision measures
PART 1Grounds for refusal
1The certificate requesting monitoring under the Framework Decision—
2(1) Where the person subject to the decision on supervision...
3The certificate includes measures other than those referred to in...
4Recognition of the decision on supervision measures would contravene the...
5(1) The decision on supervision measures was based on conduct...
6The decision was based on conduct where, under the law...
7The decision on supervision measures was based on conduct by...
8The conduct on which the decision on supervision measures was...
9It appears that the decision on supervision measures was in...
PART 2European Framework List (supervision measures)
10Participation in a criminal organisation.
11Terrorism.
12Trafficking in human beings.
13Sexual exploitation of children and child pornography.
14Illicit trafficking in narcotic drugs and psychotropic substances.
15Illicit trafficking in weapons, munitions and explosives.
16Corruption.
17Fraud, including that affecting the financial interests of the European...
18Laundering of the proceeds of crime.
19Counterfeiting currency, including of the euro.
20Computer-related crime.
21Environmental crime, including illicit trafficking in endangered animal species and...
22Facilitation of unauthorised entry and residence.
23Murder, grievous bodily injury.
24Illicit trade in human organs and tissue.
25Kidnapping, illegal restraint and hostage-taking.
26Racism and xenophobia.
27Organised or armed robbery.
28Illicit trafficking in cultural goods, including antiques and works of...
29Swindling.
30Racketeering and extortion.
31Counterfeiting and piracy of products.
32Forgery of administrative documents and trafficking therein.
33Forgery of means of payment.
34Illicit trafficking in hormonal substances and other growth promoters.
35Illicit trafficking in nuclear or radioactive materials.
36Trafficking in stolen vehicles.
37Rape.
38Arson.
39Crimes within the jurisdiction of the International Criminal Court.
40Unlawful seizure of aircraft or ships.
41Sabotage.
PART 3Interpretation
42In this Schedule— “conduct” includes any act or omission; “relevant...

2014 No. 3141

Criminal Law
Data Protection

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

Made

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 19721 in relation to criminal justice2 and data protection3, 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.