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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.
Second Supplement to the 2024 Edition
Statutes
Economic Crime and Corporate Transparency Act 2023 (passim)
Firearms Act 2023 (Chapter 24)
Financial Services and Markets Act 2023 (§ 30-50)
Illegal Migration Act 2023 (Chapter 25)
National Security Act 2023 (Chapter 25)
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (§§ 1-404, 15A-327)
Online Safety Act 2023 (passim)
Protection from Sex-based Harassment in Public Act 2023 (§ 5A-975)
Statutory instruments
Courts (Prescribed Recordings) Order 2023 (SI 2023/1124) (§§ 4-40 and 28-75)
Criminal Legal Aid (General) (Amendment) Regulations 2024 (SI 2024/58) (§ 6-113)
Criminal Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2023 (SI 2023/1140) (Appendix G)
Criminal Procedure (Amendment) Rules 2024 (SI 2024/62) (Appendix 1)
Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (SI 2023/1204) (§ 31-38b)
Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (SI 2023/1164) (§ 31-38b)
Economic Crime and Corporate Transparency Act 2023 (Commencement No. 1) Regulations 2023 (SI 2023/1206) (passim)
Financial Services and Markets Act 2023 (Commencement No. 4 and Transitional and Saving Provisions) (Amendment) Regulations 2023 (SI 2023/1382) (§ 30-50)
Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023 (SI 2023/1194) (§ 7-464)
Misuse of Drugs Act 1971 (Amendment) Order 2023 (SI 2023/1091) (§ 27-10)
Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 (SI 2023/1099) (§ 27-83)
Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023 (SI 2023/1345) (§ 27-83)
Money Laundering and Terrorist Financing (Amendment) Regulations 2023 (SI 2023/1371) (§ 26-58)
Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations
2024 (SI 2024/69) (§§ 26-58 and 26-60)
National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023 (SI 2023/1272) (passim)
National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (SI 2023/1386) (passim)
Online Safety Act 2023 (Commencement No. 2) Regulations 2023 (SI 2023/1420) (passim)
Online Safety Act 2023 (Commencement No. 3) Regulations 2024 (SI 2024/31) (passim)
Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023 (SI 2023/1422) (Chapter 15A, Appendix A)
Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 8) Regulations 2023 (SI 2023/1128) (§§ 13-88 and 13-89)
Public Order Act 2023 (Commencement No.3) (England and Wales) Regulations 2023 (SI 2023/1418) (Chapter 15A)
Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (SI 2023/1424) (§§ 6-150 and 6-167, 26-66 and 30-50)
Cases
Custody time limits; due diligence and expedition; defence engagement; R. (Sierotko) v Manchester Crown Court (§ 1-442)
Defendant's attendance during the trial; live-link; defendant abroad; Pierini and Razaq (§ 3-222)
Abuse of process; impossibility of fair trial; requirements; Watson (James) (§ 4-77)
Failure to call witness; comment; closing speech; Watson (§ 4-459)
Assistance to the prosecution; text regime; Royle (§§ 5A-114, 5A-118, 5A-122 and 5A-124)
Deferment; minimum sentences; exceptional circumstances; Swinbourne (§§ 5A-233 and 5A-783)
Deprivation orders; devices; recovery of lawful material; Tan (§ 5A-519)
Murder; Schedule 21; date of commission of offence; Craig (§ 5A-908)
Confiscation; beneficial interest; parallel civil proceedings; Ahmet v Tatum (§ 5B-3)
Costs; prosecution costs; private prosecutions; R. (Allseas Group SA) v Sultana (§ 6-34)
Fees; appeals against findings of unfitness/that the accused did the act or omission; Gray (§ 6-101)
Appeal; case stated; contents; Ferko v Ealing Magistrates' Court (§ 7-3)
Appeal; deficiencies in summing up; failure to raise; BKY (§ 7-56)
Appeal; retrials; arraignment within two months; Layden (§ 7-114)
Appeal; appeal against terminating rulings; multiple rulings; Rowan (§ 7-248)
Appeal; preparatory hearings; abuse of process; BHQ (§ 7-310)
Appeal; Supreme Court; point of law; Hussain (§ 7-396)
Appeal; CCRC referral; appeal from magistrates' court; R. (CPS) v Crown Court at Preston (§§ 7-476, 7-518 and 7-519)
Legal professional privilege; litigation privilege; Al Sadeq v Dechert LLP (§ 12-7)
Identification; breach of Pace Code D; Bogie (§ 14-57)
Householder defence; involvement in other criminality; Gill (§ 19-48a)
Strangulation; sentence; harm; Butler (Geoffrey) (§ 19-358f)
Child sexual offences; fake or decoy children; disclosure; BNE (§ 20-101)
Sexual risk orders; breach; sentence; Kombi (§ 20-284)
Sexual offences; extra-territorial jurisdiction; time-barring; DA (§ 20-287e)
Computer misuse; unauthorised access; copyright; Bellencs v Hungary (§§ 23-87 and 23-98)
Immigration; arriving without entry clearance; sentence; Ginar (§ 25-280b)
Practice Directions
Criminal Practice Directions 2015 (Amendment No. 15) (Appendix 1)
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)
Second Supplement to the 2024 Edition
Statutes
Economic Crime and Corporate Transparency Act 2023 (passim)
Firearms Act 2023 (Chapter 24)
Financial Services and Markets Act 2023 (§ 30-50)
Illegal Migration Act 2023 (Chapter 25)
National Security Act 2023 (Chapter 25)
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (§§ 1-404, 15A-327)
Online Safety Act 2023 (passim)
Protection from Sex-based Harassment in Public Act 2023 (§ 5A-975)
Statutory instruments
Courts (Prescribed Recordings) Order 2023 (SI 2023/1124) (§§ 4-40 and 28-75)
Criminal Legal Aid (General) (Amendment) Regulations 2024 (SI 2024/58) (§ 6-113)
Criminal Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2023 (SI 2023/1140) (Appendix G)
Criminal Procedure (Amendment) Rules 2024 (SI 2024/62) (Appendix 1)
Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (SI 2023/1204) (§ 31-38b)
Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (SI 2023/1164) (§ 31-38b)
Economic Crime and Corporate Transparency Act 2023 (Commencement No. 1) Regulations 2023 (SI 2023/1206) (passim)
Financial Services and Markets Act 2023 (Commencement No. 4 and Transitional and Saving Provisions) (Amendment) Regulations 2023 (§ 30-50)
Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023 (SI 2023/1194) (§ 7-464)
Misuse of Drugs Act 1971 (Amendment) Order 2023 (SI 2023/1091) (§ 27-10)
Misuse of Drugs (England and Wales and Scotland) (Amendment) Regulations 2023 (SI 2023/1099) (§ 27-83)
Misuse of Drugs (England and Wales and Scotland) (Amendment) (No. 2) Regulations 2023 (SI 2023/1345) (§ 27-83)
Money Laundering and Terrorist Financing (Amendment) Regulations 2023 (SI 2023/1371) (§ 26-58)
Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations
2024 (SI 2024/69) (§§ 26-58 and 60)
National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023 (SI 2023/1272) (passim)
National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (SI 2023/1386) (passim)
Online Safety Act 2023 (Commencement No. 2) Regulations 2023 (SI 2023/1420) (passim)
(Online Safety Act 2023 (Commencement No. 3) Regulations 2024 (SI 2024/31) (passim)
Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023 (SI 2023/1422) (Chapter 15A, Appendix A)
Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 8) Regulations 2023 (SI 2023/1128) (§ 13-88 and 89)
Public Order Act 2023 (Commencement No.3) (England and Wales) Regulations 2023 (SI 2023/1418) (Chapter 15A)
Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (SI 2023/1424) (§§ 6-150 and 157, 26-66 and 30-50)
Cases
Custody time limits; due diligence and expedition; defence engagement; R. (Sierotko) v Manchester Crown Court (§ 1-442)
Defendant’s attendance during the trial; live-link; defendant abroad; Pierini and Razaq (§ 3-222)
Abuse of process; impossibility of fair trial; requirements; Watson (James) (§ 4-77)
Failure to call witness; comment; closing speech; Watson (§ 4-459)
Assistance to the prosecution; text regime; Royle (§§ 5A-114, 118, 122 and 124)
Deferment; minimum sentences; exceptional circumstances; Swinbourne (§§ 5A-233 and 5A-783)
Deprivation orders; devices; recovery of lawful material; Tan (§ 5A-519)
Murder; Schedule 21; date of commission of offence; Craig (§ 5A-908)
Confiscation; beneficial interest; parallel civil proceedings; Ahmet v Tatum (§ 5B-3)
Costs; prosecution costs; private prosecutions; R. (Allseas Group SA) v Sultana (§ 6-34)
Fees; appeals against findings of unfitness/that the accused did the act or omission; Gray (§ 6-101)
Appeal; case stated; contents; Ferko v Ealing Magistrates’ Court (§ 7-3)
Appeal; deficiencies in summing up; failure to raise; BKY (§ 7-56)
Appeal; retrials; arraignment within two months; Layden (§ 7-114)
Appeal; appeal against terminating rulings; multiple rulings; Rowan (§ 7-248)
Appeal; preparatory hearings; abuse of process; BHQ (§ 7-310)
Appeal; Supreme Court; point of law; Hussain (§ 7-396)
Appeal; CCRC referral; appeal from magistrates’ court; R. (CPS) v Crown Court at Preston (§§ 7-476, 518 and 519)
Legal professional privilege; litigation privilege; Al Sadeq v Dechert LLP (§ 12-7)
Identification; breach of Pace Code D; Bogie (§ 14-57)
Householder defence; involvement in other criminality; Gill (§ 19-48a)
Strangulation; sentence; harm; Butler (Geoffrey) (§ 19-358f)
Child sexual offences; fake or decoy children; disclosure; BNE (§ 20-101)
Sexual risk orders; breach; sentence; Kombi (§ 20-284)
Sexual offences; extra-territorial jurisdiction; time-barring; DA (§ 20-287e)
Computer misuse; unauthorised access; copyright; Bellencs v Hungary (§§ 23-87 and 23-98
Immigration; arriving without entry clearance; sentence; Ginar (§ 25-280b)
Practice Directions
Criminal Practice Directions 2015 (Amendment No. 15) (Appendix 1)
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