WHAT’S NEW


eUpdate

2021 EDITION - MAIN UPDATES

WHY SUBSCRIBE TO ARCHBOLD 2021?

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 the Sentencing Code Special Supplement, the Sentencing Guidelines Supplement and all updating supplements.

EDITORIAL TEAM

Archbold continues to expand and strengthen its expert author team: we welcome Nicola Talbot Hadley to the team and congratulate HHJ Mark Lucraft QC on his appointment as Recorder of London, The Hon Mr Justice Hilliard on his elevation to the High Court Bench and the appointment of Allison Clare as Queen's Counsel.

SENTENCING CODE

In advance of the proposed Sentencing Code coming into force, the 2021 edition of Archbold includes a separate special supplement with a fully revised version of Chapter 5A on Sentences & Orders on Conviction. Chapter 5A on Sentences & Orders on Conviction (pre-Sentencing Code) is published in the Main Work. The new version of Chapter 5A in the separate special supplement has been comprehensively updated for the Sentencing Code, reproducing all the relevant material and explaining in detail how previous decisions apply to the new law.

REVISED, RESTRUCTURED AND UPDATED CONTENT

The Archbold team has continued to work tirelessly to produce a revised and improved text, based on in-depth feedback received from its readership. On a rolling basis content has been rewritten and restructured and layout improvements implemented. The 2021 edition continues this work with Chapter 6 on Costs being completely revised so that the subject is dealt with thematically to make it and easier to follow. Surplus legislation has been summarised or removed and a new Appendix F in the Supplement has been created which includes the Practice Direction (Costs in Criminal Proceedings) (2015); the Costs in Criminal Cases (General) Regulations 1986 (SI 1986/1335) and the Powers of Criminal Courts (Sentencing) Act 2000 (ss.141, 142).

Chapter 8 (renamed 'Witnesses') has been revised to make it more streamlined. Commentary on measures to assist the vulnerable has been added. Chapter 15 has been split into two (15A and 15B) so that Investigatory Powers and Confessions and Exclusion of Evidence are in separate sections to make the content easier to navigate.

Chapter 25 (Terrorism & Other Offences against the Crown and Government) has been further edited to focus on legislation of practical use and a short new section on the early release of terrorist prisoners (Terrorist Offenders (Restriction on Early Release) Act 2020) has been added.

Chapter 13's title has been updated to include 'Rehabilitation of Offenders' to make that section more prominent, and Chapter 31's heading is revised to 'Offences relating to Marriage, Public Nuisance, and Obscene or Indecent Publications'.

All legislation and case law has been fully revised and updated. A full list can be found at A full list can be found at www.sweetandmaxwell.co.uk/archbold/whats-new.aspx

Legislation has been amended in respect of the Coronavirus Act and the Criminal Procedure Rules 2020 and updated in relation to further Brexit amendments. With regard to the proposed Sentencing Code, aside from the separate version of Chapter 5A on Sentencing, legislative amendment notes in other chapters have been updated to reflect the position at the time of going to press when the Sentencing Bill had not yet been enacted.

NEW COVERAGE IN THIS EDITION INCLUDES:

Statutes
Coronavirus Act 2020 European Union (Withdrawal Agreement) Act 2020
Sentencing Act 2020
Sentencing (Pre-consolidation Amendments) Act 2020
Terrorist Offenders (Restriction of Early Release) Act 2020

Statutory instruments
Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 (SI 2020/391)
Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Commencement) Regulations 2020 (SI 2020/24)
Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (SI 2020/100)
Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2019 (SI 2019/1397)
Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2020 (SI 2020/310)
Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020 (SI 2020/427) Criminal Procedure Rules 2020 (SI 2020/759)
Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020 (SI 2020/417)
Misuse of Drugs Act 1971 (Amendment) Order 2019 (SI 2019/1323)
Misuse of Drugs (Coronavirus) (Amendments Relating to the Supply of Controlled Drugs During a Pandemic etc) Regulations 2020 (SI 2020/468)
Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (SI 2019/1511)
Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (SI 2019/1047)
Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C and H) Order 2019 (SI 2019/1157)
Proscribed Organisations (Name Change) Order 2020 (SI 2020/169)
Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (SI 2020/158)
Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2020 (SI 2020/200)
Youth Justice and Criminal Evidence Act 1999 (Commencement No. 17) Order 2020 (SI 2020/155)

Practice directions
Criminal Practice Directions 2015 (Amendment No. 9)
Criminal Practice Directions 2015 (Amendment No. 10)

Codes of practice
The definitive guideline on sentencing offenders with mental disorders

Sentencing guidelines
On arson and criminal damage offences
On offences with no specific guidelines

Cases
Appeals; criminal cause or matter; Re McGuinness
Appeals; summary offences; agreed wrongful convictions; Wilson; Walmsley; York; Senior
Appeals; summing-up; Reynolds
Articles for use in fraud; elements of offences; Smith (Andrew)
Bladed articles; mens rea; Szewczyk
Commencing prosecution; time limits; prosecutor's certificates; Chesterfield Poultry Ltd v Sheffield Magistrates' Court
Computer misuse; defence; public interest; Coltman
Confiscation; third party interests; Hilton
Costs; private prosecutions; Fuseon Ltd v Senior Courts Costs Office and the Lord Chancellor
Deferred prosecution agreements; bribery; Director of the SFO v Airbus PE
Disclosure orders; money laundering; account freezing; Re National Crime Agency Dishonesty; precedent; stare decisis; Barton and another
Encouraging or assisting crime; sentence; Att.-Gen.'s Reference (Wood)
Encouraging or assisting crime; sentence; Rowlands
Evidence; discretion to exclude; blood samples; Twigg
Explosive substances; lawful object; Copeland
Hearsay evidence; previous inconsistent statements; Nguyen
Human rights; right to fair trial; right to legal advice; Abdurahman (Ismail)
Indecent images; legitimate reason; Toure
Intermediaries; Thomas (Dean)
Juries; irregularities; discharge; KK and others
Offences against the person; noxious substances; potting; sentence; Veysey; Munroe; Beardshaw
Police records; fingerprints, photographs and DNA profiles; Art. 8; Guaghran v UK
Private prosecutions; consideration of profit; Scott (Keith)
Proceeds of crime; restraint orders; considerations; S
Proceeds of crime; search and seizure; Chief Constable of Greater Manchester Police v Ali
Public interest immunity; R. (Terra Services Ltd) v National Crime Agency
Sentence; community order; breach; Palmer
Sentence; criminal behaviour order; Humphreys v CPS
Sentence; criminal behaviour orders; adjournment; Maguire
Sentence; dangerousness; extended sentences; release; Baker; Richards
Sentence; maximum sentences; magistrates courts; Garthwaite
Sentence; mental health; pre-sentence reports; PS
Sentence; mitigation; suspended sentences; Covid-19; Att-Gen's Reference (Manning)
Sentence; murder; children and young persons; DM and SC
Sentence; surcharge; multiple offences; breach of existing order; Abbott; Hawker; Harrison
Sentence; time spent awaiting extradition; Shields-McKinley v Secretary of State for Justice and Lord Chancellor
Sexual offences; sexual harm prevention orders; notification; extended sentences; Begg
Sexual offences; sexual harm prevention orders; variation; Cheyne
Torture; non-state actors; TRA
Wounding; sentence; consent; McCarthy (Brendan)
Victims of trafficking; abuse of process; DS
Victims' right to review; right to make representations; R. (FNM) v DPP
Voyeurism; private acts; recordings; Richards

First Supplement to the 2021 Edition

Acts
Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020 (SI 2020/801) (§ 4-40)
Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 (SI 2020/973) (§§ 15A-217 and 15A-220)
Counter-Terrorism and Border Security Act 2019 (Commencement No. 1) Regulations 2020 (SI 2020/792) (passim)
Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (SI 2020/903) (Appendix G)
Criminal Procedure Rules 2020 (SI 2020/759) (Appendix B)
Investigatory Powers Act 2016 (Commencement No. 12) Regulations 2020 (SI 2020/766) (§ 15A-334)
Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 (SI 2020/991) (§§ 26-58 to 26-65)
Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020 (SI 2020/795) (§ 25-167)
Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 (SI 2020/953) (§ 3-82)
Road Vehicles (Approval) Regulations 2020 (SI 2020/818) (§ 32-322)
Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2020 (SI 2020/743) (§ 25-19a)
Youth Justice and Criminal Evidence Act 1999 (Commencement No. 18) Order 2020 (SI 2020/888). (§ 8-93a)

Statutory instruments

Practice directions

Cases
Sentence; mitigation; delay: Whitson-Dew; Richards (§§ 5A-72, 5ASC-84)
Sentence; Goodyear indications: procedure; Utton (§§ 5A-123, 5ASC-138)
Sentence; guilty plea; absconders: Williamson (5A-141c, 5ASC-161b)
Sentence; totality; foreign sentences: Baegurore and Shuti (§§ 5A-164a, 5ASC-190a)
Sentence; firearms; minimum sentences: Bartell (Robert) (§§ 5A-661, 5ASC-758)
Sentence; football banning orders; availability: Jelf (§§ 5A-855, 5ASC-980)
Sentence; detention and training orders: R. (X) v Ealing Youth Court (§§ 5A-1013a, 5ASC-1200a)
Confiscation; third party interests: Hilton (§ 5B-16)
Confiscation; surcharge: Bristowe (§ 5B-42a)
Appeals; fresh evidence cases: Park (§ 7-50)
Disclosure; third party material; electronic records: CB; Mohammed (Sultan) (§ 12-53)
Human rights; right to private life; child sexual offences: Sutherland v HM Advocate for Scotland (§ 16-140)
Manslaughter; gross negligence; causation: Broughton (§ 19-123a)
Abortion; Covid-19: R. (Christian Concern) v Secretary of State for Health and Social Care (§ 19-218)
Duplicity; child cruelty: Morgan and Cole (§ 19-376)
Firearms; possession: Jenkins v DPP (§ 24-8)
Terrorism; proscribed organisations; mens rea: Pwr and others v DPP (§ 25-19)
Driving offences; insurance: R. (Linse) v Chief Constable of North Wales (§ 32-177)

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