This document sets out the respective roles and responsibilities of the Home Secretary and the Director General of the National Crime Agency (NCA) and the principles that will govern the relationship between the Home Office and the NCA. It also sets out the ways in which the NCA will operate under the Crime and Courts Act 2013, covering accountability, management, operational and financial arrangements.
Organised Crime and Law Enforcement: A Network Perspective examines organised crime and law enforcement through the conceptual lens of networks. The book takes stock of the many ways in which network theories and concepts, including social network analysis, can apply to studying both organised crime and law enforcement responses to organised crime. It is the first attempt to bring these diverse network perspectives and distinct fields of research together. The book is organised into two parts. The first part uses network perspectives to advance our understanding of the interconnected social structure of organised criminal groups, to expose their strengths and vulnerabilities, and to illuminate factors that enable such groups to undertake complex criminal activities. The second part uses a network lens to examine the challenges that organised criminal groups present for a wide range of law enforcement agencies, and the utility of network theories and concepts in understanding and informing their responses to organised crime. Written in a clear and direct style, the book will appeal to scholars and practitioners of criminology, sociology, law enforcement, and all those interested in learning more about theories of organised crime and its relationship with law enforcement.
This document sets out the respective roles and responsibilities of the Home Secretary and the Director General of the National Crime Agency (NCA) and the principles that will govern the relationship between the Home Office and the NCA. It also sets out the ways in which the NCA will operate under the Crime and Courts Act 2013, covering accountability, management, operational and financial arrangements.
Retaining the position it has held since first publication, the fifth edition of this leading practitioner text on information law has been thoroughly re-worked to provide comprehensive coverage of the Data Protection Act 2018 and the GDPR. Information Rights has been cited by the Supreme Court, Court of Appeal and others, and is used by practitioners, judges and all those who practise in the field. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions and statutory guidance. Reflecting its enlarged scope and to maintain easy referencing, the work has been arranged into two volumes. The first volume is a 1,250-page commentary, divided into six parts. The first part is an overview and introduction to overarching principles. The second part provides an authoritative treatment of the data protection regime. This covers all four forms of processing (general, applied, law enforcement and security services) under the GDPR and DPA 2018. Each obligation and each right is comprehensively treated, with reference to all known case-law, both domestic and EU, including those dealing with analogous provisions in the previous data protection regime. The third part provides a detailed treatment of the environmental information regime. This recognises the treaty provenance of the regime and its distinct requirements. The fourth part continues to provide the most thorough analysis available of the Freedom of Information Act and its Scottish counterpart. As with earlier editions, every tribunal and court decision has been reviewed and, where required, referenced. The fifth part considers other sources of information rights, including common law rights, local government rights and subject-specific statutory information access regimes (eg health records, court records, audit information etc). The final part deals with practice and procedure, examining appeal and regulatory processes, criminal sanctions and so forth. The second volume comprises extensive annotated statutory material, including the DPA 2018, the GDPR, FOIA, subordinate legislation, international conventions and statutory guidance. The law is stated as at 1st February 2020.
This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
The Committee expresses concern about the lack of clarity in the Bill introduced by the power to confer counter-terrorism functions on the National Crime Agency, since the need for this has not been demonstrated and the intended review of current counter-terrorism policing structures in England and Wales has not yet been carried out. The Committee is also concerned about provisions for the National Crime Agency to be exempt from freedom of information legislation. The Committee welcomes measures in the Bill to promote diversity in judicial appointments, although it believes the Bill does not go far enough in this respect. The Committee does not agree with the Bill's proposal to allow the Lord Chancellor to sit as a member of the selection commission for the appointment of the President of the Supreme Court and the Lord Chief Justice, in place of his current power of veto over the recommendation of that commission. The Bill confers on the Lord Chancellor a broad power to lift the current restrictions on filming and broadcasting of court proceedings. But However, despite the safeguards in the Bill and the Government's stated intention to proceed incrementally, the Committee is concerned that vulnerable victims and witnesses may be deterred from the judicial process and that certain defendants may not receive the protection their vulnerability demands. The Committee urges a much more cautious approach and recommends, before any extension of this power, that the Government conduct a more comprehensive public consultation, carry out a more detailed impact assessment, and conduct a review of the operation of this power after an elapse of years.
This document presents more detailed proposals for financial regulation following on from the consultation paper "A new approach to financial regulation: judgment, focus and stability" (July 2010, Cm. 7874, ISBN 9780101787420) and continuing policy development by the Treasury, Bank of England and Financial Services Authority. The Government's reforms focus on three key institutional changes. First, a new Financial Policy Committee (FPC) will be established in the Bank of England, with responsibility for 'macro-prudential' regulation, or regulation of stability and resilience of the financial system as a whole. Second, 'micro-prudential' (firm-specific) regulation of financial institutions that manage significant risks on their balance sheets will be carried out by an operationally independent subsidiary of the Bank of England, the Prudential Regulation Authority (PRA). Thirdly, responsibility for conduct of business regulation will be transferred to a new specialist regulator, the Financial Conduct Authority (FCA). Individual chapters cover: Bank of England and Financial Policy Committee; Prudential Regulation Authority; Financial Conduct Authority; regulatory process and co-ordination; compensation, dispute resolution and financial education; European and international issues; next steps; how to respond; impact assessment. The chapters contain significant detail on how the legislative framework will be constructed in order to deliver the Governments' priorities for the framework. The Government will consult on these proposals with a view to publishing a draft bill in spring 2011.
In this report the Home Affairs Committee examines the Government's proposals for policing reform. Key findings: (i) it is unacceptable that, more than a year after the Government announced it was phasing out the National Policing Improvement Agency, it still has not announced any definite decisions about the future of the vast majority of the functions currently performed by the Agency - the phasing out of the Agency should be delayed until the end of 2012; (ii) after the Olympics, the Home Office should consider making counter-terrorism a separate command of the New National Crime Agency, rather than it being the responsibility of the Metropolitan Police; (iii) the Government must urgently appoint a head of the new National Crime Agency; (iv) a Professional Body for policing could ultimately become a useful part of the policing landscape; (v) the Home Office should be more active in encouraging and supporting forces to collaborate with one another; (vi) IT across the police service as a whole is not fit for purpose and the Home Office must make revolutionising police IT a top priority; (vii) the review of pay and conditions is having an inevitable impact on morale in the police service, but it is possible to do more to mitigate this; (viii) The Committee commends the work of Jan Berry, the former Reducing Bureaucracy in Policing Advocate, in emphasising that reducing bureaucracy in the police service is not simply about reducing paperwork but addressing the causes of that paperwork.
