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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 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
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 is a new strategy to deal with the challenges we face from serious and organised crime. It is published to coincide with the launch of the new National Crime Agency (NCA) and reflects changes to the threats faced and the lessons learned from previous work. Organised crime includes drug trafficking, human trafficking, and organised illegal immigration, high value fraud and other financial crimes, counterfeiting, organised acquisitive crime and cyber crime. The aim of the strategy is to substantially reduce the level of serious and organised crime affecting the UK and its interests. The strategy uses the framework developed for our counter-terrorist work and has four components: prosecuting and disrupting people engaged in serious and organised crime (Pursue); preventing people from engaging in this activity (Prevent); increasing protection against serious and organised crime (Protect); and reducing the impact of this criminality where it takes place (Prepare). The strategy lists strategic objectives under each of the four areas of work. Tactical operational objectives (e.g. priority crime groups) will be set by the NCA with law enforcement agency counterparts. Our immediate priority is the work set out under Pursue to prosecute and relentlessly disrupt organised criminals and reduce the threat they pose. Like other threats to our national security, serious and organised crime requires a response across the whole of government, and close collaboration with the public, the private sector and with many other countries
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 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.
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
Cyber Crime is an evil having its origin in the growing dependence on computers in modern life. In a day and age when everything from microwave ovens and refrigerators to nuclear power plants is being run on computers, Cyber Crime has assumed rather sinister implications. Cyber Crime poses great challenges for law enforcement and for society in general. To understand why this is true, it is necessary to understand why, and how, cybercrime differs from traditional, terrestrial crime. Net-crime refers to criminal use of the Internet. Cyber-crimes are essentially a combination of these two elements and can be best defined as "e;Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly using modern telecommunication networks such as the Internet (Chat rooms, e-mails, notice boards and groups) and mobile phones (SMS/MMS)"e;. Since Cyber Crime is a newly specialized field, growing in cyber laws, there is absolutely no comprehensive law on Cyber Crime anywhere in the world. This is precisely the reason why investigating agencies are finding cyberspace to be an extremely difficult terrain to handle. This book explores technical, legal, and social issues related to Cyber Crime. Cyber Crime is a broad term that includes offences where a computer may be the target, crimes where a computer may be a tool used in the commission of an existing offence, and crimes where a computer may play a subsidiary role such as offering evidence for the commission of an offence.
Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. Online resources This book is accompanied by online resources, including: questions for reflection and discussion; multiple choice questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers key developments in the English justice system.