Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2011.75.5.720 |
| Published date | 01 October 2011 |
| Date | 01 October 2011 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Police (Detention and Bail) Act 2011 received Royal Assent on 12
July 2011 and came into force on the same day. The Act reverses the
effect of R (on the application of Chief Constable of Greater Manchester Police)
v Hookway [2011] EWHC 1578 (Admin). The Act provides that periods
on bail do not count towards the overall detention period. It does this by
amending s. 47 and s. 34 of the Police and Criminal Evidence Act 1984.
Statutory instruments
The Coroners and Justice Act 2009 (Commencement No. 7) Order 2011
(SI 2011 No. 1452) was made on 8 June 2011. It brings the following
provisions of the Coroners and Justice Act 2009 into force on 27 June
2011: ss 98–103, special measures for vulnerable and intimidated wit-
nesses; s. 105, witnesses protected from cross-examination by accused in
person; s. 111, effect of admission of video recording; ss 177 and 178,
consequential and saving provisions. Scheds 14, 21 and 22 and Part 3 of
Sched 23 are also brought into force.
The main changes are as follows. Section 98 amends s. 16(1)(a) of the
Youth Justice and Criminal Evidence Act 1999 so that all persons aged
under 18 will automatically qualify as witnesses eligible for assistance
under Part 2 of the 1999 Act. Currently, only witness aged under 17 are
automatically eligible for assistance.
Section 17(1) of the 1999 Act provides that a witness is eligible for
assistance (by way of special measures) if the court is satisfied that the
quality of the witness’s evidence would be reduced on the grounds of
fear or distress about testifying. Section 17(4) of the 1999 Act gives
automatic eligibility for complainants in respect of sexual offences who
are witnesses. Automatic eligibility means that the court does not need
to be satisfied that the quality of the witness’s evidence will be dimin-
ished for the purposes of establishing eligibility. Section 99 of the 2009
Act extends s. 17 and gives automatic eligibility for assistance to wit-
nesses in proceedings related to ‘relevant offences’. The court does not
need to be satisfied that the quality of the witness’s evidence will be
diminished for the purposes of establishing eligibility. However under
s. 19 of the 1999 Act, the court still has to determine whether any of the
* As at 19 July 2011.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
341The Journal of Criminal Law (2011) 75 JCL 341–344
doi:10.1350/jcla.2011.75.5.720
To continue reading
Request your trial