WHAT’S NEW


eUpdate

2019 EDITION

 

MAIN UPDATES:

WHY SUBSCRIBE TO ARCHBOLD 2019?

NEW EDITOR AND EXPANDED EDITORIAL TEAM

We are pleased to announce His Honour Judge Mark Lucraft Q.C., the Chief Coroner of England and Wales, as the new General Editor of Archbold, supported by a new Judicial Board of nine judges. We have also expanded the author team with additional expert practitioners and offer an unrivalled writing team on criminal practice and procedure.

REVISED, RESTRUCTURED AND UPDATED CONTENT

Key chapters have been revised or restructured:

  • Chapter 5 on Sentences and Orders on Conviction has been split into Chapters 5A and 5B, the latter dealing with Confiscation under the Proceeds of Crime Act 2002;
  • Chapter 5A on Sentences and Orders on Conviction has been completely restructured to follow the chronology of a sentencing hearing to make the chapter more user-friendly and intuitive; it now includes brand new dedicated sections on the sentencing of non-recent offences and the sentencing of children and young persons;
  • Chapter 13 on Evidence of Bad Character has been rewritten to focus on the provisions of the Criminal Justice Act 2003 and the case law interpreting it and particular attention is given to those issues which arise in practice frequently.

Other important chapters that have been reviewed or revised include Chapter 15 on Investigatory Powers; Confessions; Discretion etc; Chapter 17 on The Mental Element in Crime; Chapter 19 on Offences Against the Person; Chapter 20 on Sexual Offences; and Chapter 25 on Offences against the Crown and Government.
The popular Sentencing Guidelines supplement will publish again as part of the Archbold 2019 service. It is fully updated for 2019 and includes new guidelines on Terrorism Offences; Domestic Abuse; Bladed Articles and Offensive Weapons; Breach Offences; Intimidatory Offences; Manslaughter; and Child Cruelty.

The Criminal Procedure Rules 2015 and Criminal Practice Directions 2015 will once again be published in Appendix B of the Supplement. We have expanded the coverage so that all Rules and Practice Directions are included - whether the topic is covered in the Main Work or not - to ensure that the Appendix offers a comprehensive resource to all practitioners. Rules and Practice Directions can also be found in the main work wherever they are relevant to a particular topic.

As ever, the 2019 edition of Archbold will be fully up-to-date with the latest legislation, including the Data Protection Act 2018 and the Sanctions and Anti-Money Laundering Act 2018. Amendments have been made by the commencement of provisions of the Policing and Crime Act 2017 and the Criminal Finances Act 2017 to the Proceeds of Crime Act 2002 and the Police and Criminal Evidence Act 1984. In addition, amendments to the Criminal Procedure Rules 2015 (SI 2015/1490) and the Criminal Practice Directions 2015 are included, the highlight of which is the substitution of a new Part 22 (Evidence of a complainant's previous sexual behaviour). A wealth of case law is covered, including the key cases of Ivey v. Genting Casinos (UK) Ltd (trading as Crockfords Club) [2017] UKSC 67; DPP v. Patterson [2017] EWHC 2820 (Admin); Re Loughlin [2017] UKSC 63; R. (Haralambous) v. Crown Court at St Albans [2018] UKSC 1; R. v. Lane [2018] UKSC 36; [2018] 1 W.L.R. 3647; Loake v. CPS [2017] EWHC 2855 (Admin); [2018] 2 W.L.R. 1159, DC (insanity); and R. v. Ray [2017] EWCA Crim 1391; [2018] 2 W.L.R. 1148 (householder defence)

FURTHER IMPROVEMENTS BASED ON YOUR FEEDBACK

Building on the improvements to the layout made to the 2018 edition, and in response to your feedback, we have made further improvements to the accessibility and navigation of the 2019 edition including the introduction of thumb tabs.

SAME PRICE AS LAST YEAR

The price of Archbold continues to be frozen at £395, with no increase on last year's price. This price is the same for both print or eBook formats and includes all updating supplements.

 

NEW COVERAGE IN THIS EDITION INCLUDES:

Statutes
Armed Forces (Flexible Working Act 2018)
Data Protection Act 2018
Sanctions and Anti-Money Laundering Act 2018

Statutory instruments
Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017 (SI 2017/236)
Criminal Finances Act 2017 (Commencement No. 2 and Transition Provisions) Regulations 2017 (SI 2017/991)
Criminal Finances Act 2017 (Commencement No. 3) Regulations 2017 (SI 2017/1028)
Criminal Finances Act 2017 (Commencement No. 4) Regulations 2018 (SI 2018/78)
Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017 (SI 2017/1328)
Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (SI 2018/210)
Criminal Legal Aid (Amendment) Regulations 2018 (SI 2018/587)
Criminal Procedure (Amendment) Regulations 2018 (SI 2018/132)
Criminal Procedure (Amendment No. 2) Regulations 2018 (SI 2018/847)
Export Control (North Korea Sanctions Order 2018 (SI 2018/200)
Firearms (Amendment) Rules 2017 (SI 2017/1281)
Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017 (SI 2017/1241)
Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 (SI 2018/652)
Investigatory Powers (Consequential Amendments etc.) Regulations 2018 (SI 2018/682)
Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2017 (SI 2017/1117)
Motor Vehicles (Driving Licences) (Amendment) Regulations 2017 (SI 2017/1208)
Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) Regulations 2017 (SI 2017/1139)
Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017 (SI 2017/1162)
Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (SI 2018/226)
Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018 (SI 2018/84)
Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 (SI 2018/82)
Proscribed Organisations (Name Change) (No. 2) Order 2017 (SI 2017/944)
Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2018 (SI 2018/198)
Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2018 (SI 2018/447)
Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017 (SI 2017/1325)

Practice directions
Criminal Practice Directions 2015 (Amendment No. 6)
Criminal Practice Directions 2015 (Amendment No. 7)

Codes of practice
Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)
Code of Practice on Audio Recording Interviews with Suspects (Code E)
Code of Practice on Visual Recording with Sound of Interviews with Suspects (Code F)
Code of Practice in Connection with the Detention, Treatment and Questioning by Police Officers of Persons under section 41 of, and Schedule 8 to, the Terrorism Act 2000 (Code H)

Sentencing guidelines
On the overarching principles for sentencing cases of domestic abuse
On breach offences
On bladed articles and offensive weapons
On intimidatory offences
On manslaughter
On terrorism
On child cruelty

Cases
Appeal; failure to serve within time limit; R. (Cardin) v. Birmingham Crown Court and Birmingham Magistrates' Court
Appeal; new counsel: R. v. Grant-Murray (Janhelle); R. v. McGill (Joseph)
Appeal; re-opening determinations; R. v. Gohil; R. v. Preko
Assault; consent; body modification; R. v. BM
Bail; failure to surrender; R. v. Osman
Burglary; dwelling; DPP v. D
Confiscation; findings and agreements; Re Adams
Confiscation; orders for securing compliance; R. v. Pritchard
Confiscation; terms in default; R. (Gibson) v Secretary of State for Justice
Costs; expert witnesses; R. (DPP) v. Aylesbury Crown Court
Directions; good character; R. v. G. (T.)
Dishonesty; Ivey v. Genting Casinos (UK) Ltd (trading as Crockfords Club)
Dishonesty; DPP v. Patterson
Drugs; poppy heads; Marwaha v. United Kingdom Border Revenue Agency (Cash and Compensation Team)
"Householder defence"; R. v. Ray (Steven)
Human rights; "criminal proceedings"; Jones v. Birmingham City Council
Human rights; right to privacy; freedom of expression; Richard v. British Broadcasting Corporation and Chief Constable of the South Yorkshire Police
Indictment; time limits for prosecution; Platinum Crown Investments Ltd v. North East Essex Magistrates’ Court, Colchester Borough Council and Thomas as interested parties
Indictment; slavery and trafficking victims; R. v. MK; R. v. Gega (aka Maione)
Insanity; Loake v. CPS
Judicial review; material mistake of fact; R. (DPP) v. Sunderland Magistrates' Court; R. (Kharaghan) v. City of London Magistrates' Court Juries; re-selection of discharged jurors; R. v. Grant (Leon)
Juries; time of retirement; R. v. Senna
Juries; written materials and documents; R. v. Jurecka
Legal privilege; narrow waiver; Belhaj v. DPP
Manslaughter by gross negligence; R. v. Rose (Honey Maria)
McKenzie friends; R. v. Conaghan; R. v. James; R. v. Ramchaitar; R. v. Solomon
Murder; causation; R. v. Wallace (Berlinah)
Murder; loss of control; R. v. Rejmanski; R. Gassman (Charice) and Gassman (Amberstasia)
Psychoactive substances; nitrous oxide; R. v. Chapman (Sonny); R. v. Tesfay (Abel); R. v. Chroussis (Nicholas); R. v. Bryce (Armande)
Search warrants; material not disclosable for public interest reasons; R. (Haralambous) v. Crown Court at St Albans
Sentence; arson; R. v. McKay
Sentence; causing or allowing child or vulnerable adult to die or suffer serious physical harm; R. v. Wiltshire and Baker
Sentence; consecutive extended sentences and determinate sentences; R. v. Ulhaqdad
Sentence; factual basis; R. v. Moore
Sentence; extended sentences (licence period); R. v. ARD
Sentence; extended sentences (licence period); "more severely" on appeal; R. v. Thompson
Sentence; mental health disposals; R. v. Edwards
Sentence; retrial; R. v. Betts
Sentence; reviews of reduced sentences for assistance to the prosecution; Re Loughlin
Sexual harm prevention orders; notification requirements; licence conditions; R. v. McLellan; R. v. Bingley
Sexual harm prevention orders; internet enabled devices; R. v. Parsons and Morgan
Terrorism: R v. Lane
Theft; choses of action; R. v. Darroux
Victim's right to review; R. (Hayes) v. CPS

Acts
Sanctions and Anti-Money Laundering Act 2018 (§ 5A-899)

Statutory instruments
Criminal Procedure (Amendment No. 2) Rules 2018 (SI 2018/847) (passim) The Investigatory Powers Act 2016 (Commencement No. 8 and Transitional and Saving Provisions) Regulations 2018
(SI 2018/940) (§§ 25-384, 25-394 and 25-395)
Export Control (Burma Sanctions) Order 2018 (SI 2018/871) (§ 25-457)
Export Control (Burma Sanctions) (No. 2) Order 2018 (SI 2018/894) (§ 25-457)
Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F, and H) Order 2018 (SI 2018/829)
(Appendix A-1 et seq.)

Practice direction
Criminal Practice Directions 2015 (Amendment No. 7) (passim)

Sentencing guidelines
On manslaughter (passim)

Guidance
A Guide to Commencing Proceedings in the Court of Appeal (Criminal Division) (Appendix J-1 et seq.)

Cases
Indictments; offences arising out of facts previously tried: R. (SY) v. DPP (§ 4-88)
Entrapment; private citizens: R. v. TL (§ 4-97a)
Sentencing; minimum sentences: Att-Gen’s Reference (R. v. Marland) (§ 5A-40)
Committal for sentence; procedural failings: R. v. Ford (§ 5A-226)
Sentencing; fines combined with suspended sentence orders: R. v. Butt (§§ 5A-435, 5A-621a)
Sentencing; driving disqualification, conspiracy: R. v. Gorry (§ 5A-475a)
Sentencing; criminal behaviour orders: R. v. Khan (§ 5A-826a)
Sentencing; variation of sentence: R. v. O’Connor (§ 5A-1241a)
Confiscation; tainted gifts: R. v. Hayes (§ 5B-14)
Confiscation; proportionality: R. v. Box (§ 5B-297)
Confiscation; agreed benefit: R. v. Yaxley-Lennon (§ 5B-300)
Confiscation; valuation of benefit, fraudulent mortgages: R. v. Reid (§ 5B-326)
Judicial review; matters not relating to trial on indictment, bail: R. (Treohan) v. Inner London Crown Court (§ 7-11)
Seizure of electronic devices; duties of police: R. (Business Energy Solutions Ltd) v. Crown Court at Preston (§§ 15-148, 15-160, 15-169)
Mistake of fact; attributable to intoxication: R. v. Taj (§ 17-16)
Homicide; infanticide: R. v. Tunstill (§ 19-195)
Contempt of court; procedure, sentencing: Re Yaxley-Lennon (aka Tommy Robinson) (§§ 28-65, 28-92, 28-100 and 28-131)
Legal aid; litigators graduated fee scheme: R. (on the application of Law Society) v. Lord Chancellor (Appendix G-1a)