WHAT’S NEW


eUpdate

2020 EDITION - MAIN UPDATES

WHY SUBSCRIBE TO ARCHBOLD 2020?

Following the 2016 decision, the Archbold team worked tirelessly to produce a revised and improved text, based on in-depth feedback received from its readership. Content was rewritten and restructured, layout improvements implemented, the author team expanded and a new General Editor and Judicial Board appointed. The 2020 edition continues this work with the addition of further expert authors and significant content revisions to chapters such as:

  • Chapter 2 (specifically Deferred Prosecution Agreements)
  • Chapter 5B (Confiscation)
  • Chapter 13 (specifically Rehabilitation of Offenders)
  • Chapter 20 (Sexual Offences)
  • Chapter 25 (specifically Terrorism)

We have also taken the opportunity to relocate various sections and alter the titles of some chapters to make navigation of the content more logical: these include Chapter 1 (now titled Commencement of Proceedings; The Indictment), Chapter 15 (sections of the Investigatory Powers Act 2016 relocated from Chapter 25), Chapter 19 (Offences Against the Person – relocation of various Miscellaneous Offences), Chapter 25 (including an update to the title and relocation of Revenue & Customs Offences to Chapter 30), Chapter 30 (the title has been updated to Business, Revenue & Customs Offences and now includes the sections on Revenue & Customs from Chapter 25 and Bribery & Corruption from Chapter 31).

As ever, all chapters have been comprehensively updated and further house style changes have been made to ensure that the text of Archbold is of the highest standard.

The 2019 edition saw the creation of a new Judicial Board and new members joining the writing team. Since publication of the 2019 edition, we welcome Lord Justice Haddon-Cave and Her Honour Judge Angela Rafferty upon her appointment to the Central Criminal Court to the Board, and Stephen Gentle (Partner, Simmons & Simmons) and Josh Normanton (Barrister, 5 Paper Buildings) to the writing team.

The popular Sentencing Guidelines Supplement continues to include all new sentencing guidelines in print, even while the Sentencing Council moves to an online-only format: having the guidelines to hand in print has become even more valuable than ever. New guidelines include the definitive guideline on arson and criminal damage offences and the new overarching guideline for offences with no specific guideline. We have also added a section covering the Sentencing Council’s expanded explanations. As always, relevant authorities for the guidelines can be found in Part II of the sentencing supplement.

The Criminal Procedure Rules 2015 and Criminal Practice Directions 2015 will once again be published in Appendix B of the Supplement, updated with Criminal Practice Directions 2015 (Amendment No. 8). 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 2020 edition of Archbold will be fully up-to-date with the latest legislation, including the Counter-Terrorism and Border Security Act 2019 and the Offensive Weapons act 2019, as well as Brexit related statutes,  the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (SI 2019/742), the Criminal Justice (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/780) and the Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (SI 2019/908) which are all due to make large-scale amendments throughout criminal law legislation on “exit day”.

Case law of note includes the decisions in Re Gallagher; R. (P, G and W) v. Secretary of State for Justice [2019] UKSC 3; [2019] 2 W.L.R. 509, holding that the filtering scheme for criminal records is compliant with Art.8 of the ECHR with the exception of the rules always requiring the disclosure of an offenders entire criminal record where they have two or more convictions, and the rules relating to the disclosure of warnings and reprimands administered to young offenders; and Attorney General for the Isle of Man v Darroch [2019] UKPC 31, [2019] 1 W.L.R. 4211 where the decision in Constantine [2010] EWCA Crim 2406; [2011] 1 Cr.App.R.(S.) 124 as to the power to adjourn sentencing when conducting confiscation was overturned.

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
Assaults on Emergency Workers (Offences) Act 2018
Counter-Terrorism and Border Security Act 2019
Courts and Tribunals (Judiciary and Functions of Staff) Act 2018
Crime (Overseas Production Orders) Act 2019
Offensive Weapons Act 2019
Taxation (Cross-border Trade) Act 2018
Voyeurism (Offences) Act 2019

Statutory instruments
Crime and Courts Act 2013 (Commencement No. 18) Order 2018 (SI 2018/1423)
Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2019 (SI 2019/985)
Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/780)
Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (SI 2018/1323)
Criminal Procedure (Amendment) Rules 2019 (SI 2019/143)
Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (SI 2019/908)
Criminal Procedure (Amendment No. 2) Rules 2019 (SI 2019/1119)
Investigatory Powers Act 2016 (Commencement No. 8 and Transitional and Saving Provisions) Regulations 2018 (SI 2018/940)
Investigatory Powers Act 2016 (Commencement No. 11) Regulations 2019 (SI 2019/174)
Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (SI 2019/742)
Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019 (SI 2019/894)
Misuse of Drugs Act 1971 (Amendment) Order 2018 (SI 2018/1356)
Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018 (SI 2018/1337)
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 2019 (SI 2019/329)
Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 1) Regulations 2018 (SI 2018/1213)
Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2019 (SI 2019/406)
Youth Justice and Criminal Evidence Act 1999 (Commencement No. 16) Order 2019 (SI 2019/947)

Practice directions
Criminal Practice Directions 2015 (Amendment No. 8)

Codes of practice
Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)
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 arson and criminal damage offences
On offences with no specific guidelines

Cases
Abuse of process; entrapment; Syed (Haroon)
Abuse of process; non-state actors; L. (T.)
Abuse of process; private prosecutions; D. Ltd v A.
Appeal; fitness to plead; Roberts
Appeal; indictment; allocation; J(M); Burton (Ricky)
Bad character evidence; applications; attack on another person’s character; Omotoso
Confiscation; postponement; Attorney General for the Isle of Man v Darroch
Confiscation; reconsideration of available amount; Mundy
Confiscation; tainted gifts; Hayes (Tom)
Contempt of courts; requirements; procedure; penalty; Re Yaxley-Lennon (aka Tommy Robinson)
Criminal Cases Review Commission; substantial injustice; R. (Davies) v Criminal Cases Review Commission
Homicide; gross negligence manslaughter; Kuddus
Homicide; infanticide; Tunstill
Homicide; loss of control; Goodwin
Indecent images; possession; Okoro (Cyprian) (No. 3)
Modern slavery; human trafficking; K, W & A
Search warrants; duty of candour; safeguards; R. (Brook) v Preston Crown Court
Search warrants; seized property; R. (Business Energy Solutions Ltd) v Crown Court at Preston
Self defence; intoxication; Taj (Simon)
Serious Fraud Office; extra-territorial investigation; R. (KBR Inc) v Director of the SFO
Sentencing; criminal behaviour orders; Khan
Sentencing; extended sentences; extended licence; Phillips
Sentencing; extended sentences; release; R. (Stott) v Secretary of State for Justice
Sentencing; pre-sentence reports; Townsend
Sentencing; remand in local authority accommodation; Anderson
Sentencing; sentence remarks; Chin-Charles
Sentencing; totality; previous sentences; Green
Sexual offences; consent; R. (Monica) v DPP
Terrorism; dissemination of terrorist publications; Ali (Hamza)
Vulnerable witnesses; special measures; cross-examination; PMH
Vulnerable witnesses; special measures; cross-examination; RK

 

 

First Supplement to the 2020 Edition

Statutory instruments
Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (SI 2019/908) (passim) Criminal Procedure (Amendment No. 2) Rules 2019 (SI 2019/1119) (passim) Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (SI 2019/1047) (passim) Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C and H) Order 2019 (SI 2019/1157) (Appendix A)

Practice directions
Criminal Practice Directions 2015 (Amendment No. 8) (passim)

Cases
Abuse of process; failure to issue requisition: DPP v Mcfarlane (§ 4-100a)
Indictment; plea of guilty to lesser offence: Mapstone (§ 4-176)
Sentence; racial aggravation; Newton hearings: DPP v Giles (§ 5A-48)
Sentence; duty of counsel: errors; Parsons (§ 5A-136b)
Sentence; criminal behaviour orders: adjournment; Maguire (§§ 5A-822 and 5A-826)
Sentence; deportation: Secretary of State for the Home Department v Vomero (Italy) (§ 5A-941)
Sentence; mental health disposals: Fisher (§ 5A-1217)
Confiscation; postponement: Attorney General for the Isle of Man v Darroch (§ 5B-296)
Costs; appeals; fitness to plead: Roberts (§ 6-87)
Evidence; anonymous hearsay: Brown (§ 11-3b)
Human rights; right to life; positive obligations: Güzelyurtlu v Cyprus and Turkey (§ 16-45)
Sexual offences; sexual harm prevention orders: notification requirements: Al Mahmood (§ 20-275)
Sexual offences; sexual harm prevention orders; variation: Cheyne (§ 20-277)
Road traffic offences; procedure: Pledge (§ 32-211)
Conspiracy; sentencing; disparity: Williams; Thorne; Morris; Bailey (§ 33-33)

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