Police and Justice Act 2006

Last updated

Police and Justice Act 2006
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to establish a National Policing Improvement Agency; to make provision about police forces and police authorities and about police pensions; to make provision about police powers and about the powers and duties of community support officers, weights and measures inspectors and others; to make provision about the supply to the police and others of information contained in registers of death; to make further provision for combatting crime and disorder; to make further provision about certain inspectorates; to amend Part 12 of the Criminal Justice Act 2003; to amend the Computer Misuse Act 1990; to make provision about the forfeiture of indecent images of children; to provide for the conferring of functions on the Independent Police Complaints Commission in relation to the exercise of enforcement functions by officials involved with immigration and asylum; to amend the Extradition Act 2003; to make further provision about the use of live links in criminal proceedings; and for connected purposes.
Citation 2006 c 48
Dates
Royal assent 8 November 2006
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Police and Justice Act 2006 (PJA) is an act of the Parliament of the United Kingdom. It received royal assent on 8 November 2006. [1] The PJA created the National Policing Improvement Agency. [2] It changed how members of police authorities may be appointed and altered their duties. [3] [4] [5] It increased police officers' powers to impose bail conditions when releasing a suspect. [6] Along with the Serious Crime Act 2007, the PJA also updated the Computer Misuse Act 1990, which was regarded as outdated when the two statutes were passed. [7] Pursuant to the PJA, the scope of the Computer Misuse Act was extended to deal with denial-of-service attacks. [8]

Contents

See also

Notes

  1. Fafinski 2008, p. 53.
  2. Partington, Martin (2008). An Introduction to the English Legal System (4th ed.). Oxford University Press. p.  98. ISBN   978-0-19-923810-1. OCLC   187292879.
  3. Newburn, Tim (2008). "Police and Justice Act 2006". In Newburn, Tim; Neyroud, Peter (eds.). Dictionary of Policing. Willan. pp.  199–200. ISBN   978-1-84972-466-1. OCLC   437303088.
  4. Duckworth, Karen (2021). "Has the COVID-19 pandemic manoeuvred policing in England and Wales towards a single national police organisation?". Journal of Global Faultlines. 8 (1): 117. doi: 10.13169/jglobfaul.8.1.0114 . S2CID   236698192.
  5. Joyce, Peter (2011). Policing: Development & Contemporary Practice. SAGE Publishing. p.  xvii. ISBN   978-1-4462-4826-3. OCLC   794488045.
  6. Cape, Ed; Edwards, Richard A. (2010). "Police Bail without Charge: The Human Rights Implications" (PDF). Cambridge Law Journal . 69 (3): 541. doi:10.1017/S0008197310000796. ISSN   0008-1973. JSTOR   40962714. S2CID   145474903. Archived (PDF) from the original on 16 May 2017. Retrieved 24 October 2021.
  7. Leyden, John (30 September 2008). "UK cybercrime overhaul finally comes into effect". The Register . Archived from the original on 11 May 2021. Retrieved 24 October 2021.
  8. Wall, David S. (2007). Cybercrime: The Transformation of Crime in the Information Age. Polity. pp.  61–62. ISBN   978-0-7456-2735-9. OCLC   122283492.

Sources


Related Research Articles

A hate crime is a prejudice-motivated crime, which occurs when a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.

<span class="mw-page-title-main">Cybercrime</span> Type of crime based in computer networks

Cybercrime encompasses a wide range of criminal activities that are carried out using digital devices and/or networks. These crimes involve the use of technology to commit fraud, identity theft, data breaches, computer viruses, scams, and expanded upon in other malicious acts. Cybercriminals exploit vulnerabilities in computer systems and networks to gain unauthorized access, steal sensitive information, disrupt services, and cause financial or reputational harm to individuals, organizations, and governments.

<span class="mw-page-title-main">Europol</span> European Union law enforcement agency

Europol, officially the European Union Agency for Law Enforcement Cooperation, is the law enforcement agency of the European Union (EU). Established in 1998, it is based in The Hague, Netherlands, and serves as the central hub for coordinating criminal intelligence and supporting the EU's member states in their efforts to combat various forms of serious and organized crime, as well as terrorism.

<span class="mw-page-title-main">Miscarriage of justice</span> Conviction of a person for a crime that they did not commit

A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.

The Australian High Tech Crime Centre (AHTCC) are hosted by the Australian Federal Police (AFP) at their headquarters in Canberra. Under the auspices of the AFP, the AHTCC is party to the formal Joint Operating Arrangement established between the AFP, the Australian Security Intelligence Organisation and the Computer Network Vulnerability Team of the Australian Signals Directorate.

The National Criminal Intelligence Service (NCIS) was a United Kingdom policing agency. Following the Police and Criminal Justice Act 2001, NCIS returned to direct funding by the Home Office in 2002 and was a non-departmental public body. On 1 April 2006 it was merged into the newly created Serious Organised Crime Agency.

Crime science is the study of crime in order to find ways to prevent it. It is distinguished from criminology in that it is focused on how crime is committed and how to reduce it, rather than on who committed it. It is multidisciplinary, notably recruiting scientific methodology rather than relying on social theory.

<span class="mw-page-title-main">Computer Misuse Act 1990</span> United Kingdom legislation

The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in R v Gold & Schifreen (1988) 1 AC 1063. Critics of the bill complained that it was introduced hastily, was poorly thought out, and that intention was often difficult to prove, with the bill inadequately differentiating "joyriding" hackers like Gold and Schifreen from serious computer criminals. The Act has nonetheless become a model from which several other countries, including Canada and the Republic of Ireland, have drawn inspiration when subsequently drafting their own information security laws, as it is seen "as a robust and flexible piece of legislation in terms of dealing with cybercrime”. Several amendments have been passed to keep the Act up to date.

In the United States, the relationship between race and crime has been a topic of public controversy and scholarly debate for more than a century. Crime rates vary significantly between racial groups, however, academic research indicates that the over-representation of some racial minorities in the criminal justice system can in part be explained by socioeconomic factors, such as poverty, exposure to poor neighborhoods, poor access to public and early education, and exposure to harmful chemicals and pollution. Racial housing segregation has also been linked to racial disparities in crime rates, as blacks have historically and to the present been prevented from moving into prosperous low-crime areas through actions of the government and private actors. Various explanations within criminology have been proposed for racial disparities in crime rates, including conflict theory, strain theory, general strain theory, social disorganization theory, macrostructural opportunity theory, social control theory, and subcultural theory.

<span class="mw-page-title-main">Digital forensics</span> Branch of forensic science

Digital forensics is a branch of forensic science encompassing the recovery, investigation, examination, and analysis of material found in digital devices, often in relation to mobile devices and computer crime. The term "digital forensics" was originally used as a synonym for computer forensics but has expanded to cover investigation of all devices capable of storing digital data. With roots in the personal computing revolution of the late 1970s and early 1980s, the discipline evolved in a haphazard manner during the 1990s, and it was not until the early 21st century that national policies emerged.

Internet vigilantism is the act of carrying out vigilante activities through the Internet. The term encompasses vigilantism against alleged scams, crimes, and non-Internet-related behavior.

<span class="mw-page-title-main">Forensic social work</span> Social work as applied to the law

Forensic social work is the application of social work to questions and issues relating to the law and legal systems. It is a type of social work that involves the application of social work principles and practices in legal, criminal, and civil contexts. It is a specialized branch of social work that focuses on the intersection of law and mental health. Forensic social work is an important part of the criminal justice system and provides an important link between mental health and the legal system.

<span class="mw-page-title-main">Race in the United States criminal justice system</span>

Race in the United States criminal justice system refers to the unique experiences and disparities in the United States in regard to the policing and prosecuting of various races. There have been different outcomes for different racial groups in convicting and sentencing felons in the United States criminal justice system. Although prior arrests and criminal history is also a factor. Experts and analysts have debated the relative importance of different factors that have led to these disparities.

Child pornography is a type of erotic material that depicts persons under the age of 18. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

There is no commonly agreed single definition of “cybercrime”. It refers to illegal internet-mediated activities that often take place in global electronic networks. Cybercrime is "international" or "transnational" – there are ‘no cyber-borders between countries'. International cybercrimes often challenge the effectiveness of domestic and international law, and law enforcement. Because existing laws in many countries are not tailored to deal with cybercrime, criminals increasingly conduct crimes on the Internet in order to take advantages of the less severe punishments or difficulties of being traced.

DPP v Lennon is the first reported criminal case in the U.K. concerning so-called "denial of service" (DoS) attacks. The appeal court found that DoS attacks constituted an offence of unauthorised modification under s. 3 of the Computer Misuse Act 1990 (CMA) and thus clarified the law regarding DoS.

<span class="mw-page-title-main">Cybercrime Prevention Act of 2012</span> Law in the Philippines

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.

Cybersex trafficking, live streaming sexual abuse, webcam sex tourism/abuse or ICTs -facilitated sexual exploitation is a cybercrime involving sex trafficking and the live streaming of coerced sexual acts and/or rape on webcam.

Roderic Broadhurst is a criminal justice practitioner, academic, and author. He is an Emeritus Professor at the School of Regulation and Global Governance (RegNet) and Fellow of the Research School of Asian and the Pacific at the Australian National University (ANU).