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EDITORIAL TEAM

We say farewell to Tony Shaw KC - after 35 years tireless dedication to Archbold - and to Stephen Gentle and Riel Karmy-Jones KC. We welcome new members to the team: Camilla de Silva, Ben Douglas-Jones KC and Michael Goodwin KC to the team. We congratulate Rosina Cottage KC on her appointment as a Circuit Judge. She sits at the Crown Court at Inner London.

MAIN WORK - REVISED & UPDATED CONTENT

A new Chapter 17A is the result of work on actus reus (titled Acts, Omissions and Circumstances) and a further reorganisation of material for Chapter 5B has been completed to assist all those engaged in confiscation proceedings.

Amendments made to the Main Work, in particular, by the Public Order Act 2023 and the National Security Act 2023 have been fully taken into the new edition, and the Criminal Procedure Rules are up-to-date to 2nd October 2023 with the coming into force of the Criminal Procedure (Amendment No.2) Rules 2023 (SI 2023/786) plus the new Criminal Practice Directions 2023.

Changes effected by the further commencement of parts of the Police, Crime, Sentencing and Courts Act 2022 and the Nationality and Borders Act 2022 have also been reflected.

Significant case law decisions include, from the Supreme Court, Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32 (decision in DPP v Ziegler [2021] UKSC 23 confirmed; guidance as to the relevance of Arts. 9, 10 and 11 of the ECHR in relation to protest-related offences).

Court of Appeal judgments include:

• Ozger [2022] EWCA Crim 1238 (on the use of photographs and images in identification);
• Nguyen [2022] EWCA Crim 1444 (on the absence of legal representation during the Bar Action);
• Att.-Gen.'s Reference (No. 1 of 2022) [2022] EWCA Crim 1259 (on the relevance of Arts.9, 10 and 11 of the ECHR to protest related offences of criminal damage);
• R. v Cook [2023] EWCA Crim 452 (on sentencing strangulation);
• ZA [2023] EWCA Crim 596 (on sentencing children and young persons);
• Holmes [2023] EWCA Crim 58 (on offences of gross indecency);
• Laskowski [2023] EWCA Crim 494 (jurisdiction in relation to offers to supply drugs made outside of the United Kingdom);
• Ali [2023] EWCA Crim 232 (on the effect of prison overcrowding).

The Archbold e-update will keep you fully informed on further changes on a weekly basis as they happen.

Following feedback from users and the ongoing reviews of the work, the Appendices in the Supplement have been substantially restructured the in a more logical fashion and the Criminal Procedure Rules and Criminal Practice Directions separated and reparagraphed to make them as accessible as possible for a busy practitioner. A smaller but similar exercise has happened on the Sentencing Guidelines Supplement where the superseded guidelines have been grouped in their own section, shortened and edited with some explanatory notes, again with some reparagraphing.

A new edition of the Sentencing Guidelines Supplement includes all new sentencing guidelines. New guidelines include the new guideline for perverting the course of justice and witness intimidation and revised definitive guidelines on child cruelty and motoring offences.

First Supplement to the 2024 Edition

Statutory instruments
Criminal and Civil Legal Aid (Amendment) Regulations 2023 (SI 2023/745) (§ 6-220)
Criminal Procedure (Amendment No. 2) Rules 2023 (SI 2023/786) (Appendix 1)
Illegal Migration Act 2023 (§ 25-280a)
Retained EU Law (Revocation and Reform) Act 2023 (§ 26-66)

Cases
Jurors; bias; investigations; Hernandez (§ 4-293)
Trial; special verdict of insanity; procedure; Usman (§ 4-536)
Sentence; aggravating factors; breach of order; previous convictions; Herrick (§ 5A-46)
Sentence; guilty plea; plea to lesser count; procedure; Butler (§ 5A-169c)
Appeals; access to recordings; Lake (§ 7-242)
Character; propensity; relevance of doli incapax; AYS (§ 13-52)
Soliciting murder; guideline for attempted murder; Franks (§ 19-174)

Practice Directions
Criminal Practice Directions 2023 (Appendix 1)

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