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.
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.
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.
Cutting crime is the sole objective that the Government has set for the police. Serious and organised crime is a national threat that requires a multi-agency national response. Social and economic costs of drugs, drug-related crime, trafficking of vulnerable young women into prostitution and credit card fraud are estimated at between £20 billion and £40 billion. This paper outlines the intent to create a powerful new body of operational crime fighters. The National Crime Agency (NCA) will set the national operational agenda for fighting serious and organised crime. Headed by a senior chief constable, the Agency will have strong two-way links with local police forces and other law enforcement agencies. It will be home to a multi-agency intelligence capability drawing on existing resources. It will build and maintain a comprehensive picture of the threats, harm and risk to the UK from organised criminals. It will have the authority to co-ordinate police and other agencies to ensure networks of organised criminals are disrupted and prevented from operating. The NCA will have specialist operational capabilities, including a dedicated cyber crime unit. The latest technology will be harnessed to ensure that intelligence gathering and analytical capabilities match the threat from criminals seeking to evade detection. Sharing intelligence, capabilities, expertise and assets, the NCA will comprise distinct commands for Organised Crime, Border Policing, Economic Crime, and the Child Exploitation and Online Protection Centre, each with its own priorities. The NCA will be fully operational in 2013.
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 is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
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.
Government and Information: The Law Relating to Access, Disclosure and their Regulation is the leading text offering comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. It is essential reading for all those dealing with public authority information. The fifth edition is extensively revised following numerous developments in both UK and EU law as well as the ever expanding case law on information rights under statutory, Convention and common law provisions. Legislation: Justice and Security Act 2013; Crime and Courts Act 2013 (s 34 in relation to press standards following Leveson); Re-use of Public Sector Information Regulations 2015 Investigatory Powers Bill 2016; Environmental Information Regulations 2004; General Data Protection Regulation 2016; Key cases since the last edition include: Evans v Attorney General [2015] UKSC 21 - the SC ruled that the Attorney General had acted unlawfully in issuing a veto preventing disclosure Kennedy v Charities Commission [2014] UKSC 20 - Supreme Court extended the ambit of the common law in relation to access to information and transparency Case 362/14 Schrems [2015]) - involving data transfer to the USA PJS v Newsgroup Newspapers ltd [2016] UKSC 26 – developing the law of personal privacy
