WHAT’S NEW


eUpdate

2018 EDITION

WHAT’S NEW FOR ARCHBOLD 2018?

  • New index
  • Criminal Procedure Rules and Practice Directions
  • New edition of the Sentencing Guidelines Supplement
  • New coverage in this edition of:
    • Statutes
    • Codes of Practice
    • Statutory instruments
    • Practice directions
    • Sentencing guidelines
    • Cases

 

MAIN UPDATES:

New index:

Improvements have been made to the index and layout of Archbold to improve accessibility. In particular, the index has been completely revised for this edition to produce one that is cleaner and clearer. This will ensure that practitioners are able to find the required content easily and quickly, and can see clearly the context in which that topic is discussed as well as where else within the book that topic is also referenced. To ensure easier navigation throughout, headings have been reviewed and revised, and cross-references, abbreviations and lists have been made clearer.

Criminal Procedure Rules and Practice Directions:

The Criminal Procedure Rules 2015 and Criminal Practice Directions 2015 will once again be published in Appendix B of the Supplement. A bookmark that sets out an index of the Criminal Procedure Rules and their Main Work and Appendix paragraph numbers is included with Archbold for the first time. We hope this proves to be yet another useful addition to your service.

Archbold Sentencing Guidelines Supplement:

The introduction last year of the separate Sentencing Guidelines Supplement has proved immensely popular. The advantages of incorporating the original text and page numbering within the paragraphing system to allow easy reference between judge and barrister have been well received, so the updated 2018 edition will be included with your copy of Archbold.

 

NEW COVERAGE IN THIS EDITION INCLUDES:

Statutes
Criminal Finances Act 2017
Investigatory Powers Act 2016
Policing and Crime Act 2017

Statutory instruments
Crime and Courts Act 2013 (Commencement No. 17, (Transitional and Savings Provisions) Order 2017 (S.I. 2017 No. 236))
Criminal Finances Act 2017 (Commencement No. 1) Regulations 2017 (S.I. 2017 No. 739)
Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017 No. 311)
Criminal Procedure (Amendment No. 3) Rules 2017 (S.I. 2017 No. 755)
Criminal Procedure (Amendment) Rules 2017 (S.I. 2017 No. 144)
Criminal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017 No. 282)
Misuse of Drugs Act 1971 (Amendment) Order 2016 (S.I. 2016 No. 1109)
Misuse of Drugs Act 1971 (Amendment) Order 2017 (S.I. 2017 No. 634) 
Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016 (S.I. 2016 No. 1126)
Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017 No. 692)
Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2017 (S.I. 2017 No. 736)
Policing and Crime Act 2017 (Commencement No. 1 and Transitional Provisions) Regulations 2017
Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017 (S.I. 2017 No. 482)
Serious Crime Act 2015 (Commencement No. 6) Regulations 2017 (S.I. 2017 No. 451)
Serious Crime Act 2015 (Commencement No. 7) Regulations 2017 (S.I. 2017 No. 511)
Youth Justice and Criminal Evidence Act 1999 (Commencement No. 15) Order 2016 (S.I. 2016 No. 1201)

Practice directions
Criminal Practice Directions 2015 (Amendment No. 2)
Criminal Practice Directions 2015 (Amendment No. 3)
Criminal Practice Directions 2015 (Amendment No. 4)
Criminal Practice Directions 2015 (Amendment No. 5)

Codes of practice
Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)
Code of Practice for the Identification of Persons by Police Officers (Code D)
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
Driving, being in charge, with concentration of specified controlled drug above specified limit; sentencing guidance
For magistrates’ courts
On reduction in sentence for a guilty plea
On the overarching principles for sentencing those aged under 18 at the date of conviction and mode of trial
On the imposition of community and custodial sentences

Cases
Appeal; constitution of court; R. v. Clarke and Sheppard
Appeal; extension of time; change in law cases: R. v. Johnson and other cases
Appeal against sentence: R. v. Geraghty
Appeal against sentence; citation of authority: R. v. Thelwall
Attorney-General’s references; double jeopardy: Att.-Gen.’s Reference (R. v. Ferizi)
Bad character evidence; establishing a propensity; non-conviction material: R. v. Mitchell
Burglary; “dwelling”:Hudson v. CPS
Child abduction; sentencing guidance: R. v. H. (R.)
Confession evidence; human rights; Ibrahim v. U.K.
Confiscation; lifting the veil: R. v. Powell
Confiscation; procedural failures: R. v. Guraj
Confiscation; valuation of benefit; “market value”: R. v. Gor
Contempt: publication of matters exempted from disclosure in court: Re Times Newspapers Ltd; R. v. Abdulaziz
Criminal Cases Review Commission; jurisdiction; R. (Charles) v. Criminal Cases Review Commission
Criminal records certificates; R. (P.) v. Secretary of State for the Home DepartmentKrol v. Commr of Police of the MetropolisR. (W.) v. Secretary of State for JusticeR. (G.) v. Secretary of State for the Home Department
Dangerous or careless driving; defence: R. v. Riddell
Deferred prosecution agreements: Serious Fraud Office v. X.Y.Z. Ltd; Serious Fraud Office v. Rolls Royce plc
DNA evidence: R. v. Tsekiri
Duress; R. v. Brandford
Evidence; conviction of co-defendant: R. v. Denham and Stansfield
Expert evidence; R. v. Metcalfe
Extension of driving disqualification where custodial sentence also imposed: R. v. Ellis
Extreme pornographic images: R. v. Baddiel
Fitness to plead; time at which issue may be decided: R. v. Orr
Hearsay evidence of absent witness; reconsideration of Al-Khawaja v. United Kingdom: Schatschaschwili v. Germany
Human rights; access to court: R.(O’Connor and Jerrard) v. Aldershot Magistrates’ Court, CPS and H.M. Courts and Tribunals Service (Interested Parties)
Human rights; interpretation: R. (Hicks) v. Commr of Police of the Metropolis (Secretary of State for the Home Department intervening)
Human rights; prohibition on retroactive penalties; lex mitior; R. v. Docherty (Shaun)
Human rights; respect for private and family life; scope: S.X.H. v. CPS (United Nations High Commr for Refugees intervening)
Intermediaries for defendants: R. v. Rashid (Yayha)
Jury protection measures: Price v. U.K.
Litigation privilege: Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd
Manslaughter by gross negligence: R. v. Sellu
Murder; diminished responsibility: R. v. Golds
Murder; Jogee and old convictions: R. v. Johnson and other cases
Murder; Jogee in Hong Kong; H.K.S.A.R. v. Chan Kam-Shing
Murder; loss of control; diminished responsibility: R. v. Wilcocks
Offensive weapons/ bladed articles: R. v. Henderson (Christopher)
Publicity; Khuja v. Times Newspapers Ltd
Restraining orders on conviction: R. v. Khellaf
Sentence; age of defendant: R. v. Clarke (Ralph); R. v. Cooper (Peter)
Sentence; credit for time served prior to extradition:
Sentence; dangerous offenders; “members of the public”: R. v. Abdallah; R. v. Khan (Junead); R. v. Shaukat
Sentence; discount for guilty plea: R. v. S.
Sentence; fraud; “group offending”: R. v. Samuriwo
Sentence; indecent photographs of children: R. v. Pinkerton
Sentence; low-value shoplifting: R. v. Chamberlin
Sentence; murder; whole-life orders; Hutchinson v. U.K.; Murray v. The Netherlands
Sentence; totality: R. v. Cordle
Sexual harm prevention orders: R. v. Lewis
Sexual history evidence; R. v. Evans
Slavery or trafficking victims who commit offences; defences: R. v. Josephand conjoined appeals
Stalking causing fear of violence: R. v. Qosja
Terrorism; support for proscribed organisation: R. v. Choudary
Witness anonymity; disclosure: R. v. Sardar
Witness anonymity orders; need for constant review: R. v. Calvert
Written directions: R. v. Brown

First Supplement to the 2018 Edition

Statutory instruments
Criminal Procedure (Amendment No. 3) Rules 2017 (S.I. 2017 No. 755) (Appendix B)
Criminal Procedure (Amendment No. 4) Rules 2017 (S.I. 2017 No. 915) (Appendix B)
Facilitation of Tax Evasion Offences (Guidance About Prevention) Regulations 2017 (S.I. 2017 No. 876) (25-453)
Investigatory Powers Act 2016 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Regulations 2017 (S.I. 2017 No. 859) (25-402b)

Practice direction
Criminal Practice Directions 2015 (Amendment No. 5), unreported, July 26, 2017, Lord Thomas C.J. (Appendix B)

Cases
Newton hearings; R. v. Mula (5-110)
Sentence; dangerous offenders; Article 7 ECHR; R. v. Knights (Secretary of State for Justice intervening) (5-472)
Sentence; hospital order; life sentence; R. v. Kitchener (5-1251)
Bad character; important explanatory evidence; R. v. Leathem and Mallett (13-36)
Manslaughter by gross negligence; R. v. Rose (19-123)
Motor manslaughter; sentence; Att.-Gen.’s Reference (R. v. Dobby) (19-136)
Fees; calculating pages of prosecution evidence; Lord Chancellor v. S.V.S. Solicitors
(G-137a)