Criminal Law Legislation Update
| Date | 01 December 2006 |
| DOI | 10.1350/jcla.2006.70.6.463 |
| Published date | 01 December 2006 |
| Author | Sally Ireland |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Ireland†
Primary legislation
The Health Act 2006 received Royal Assent on 19 July 2006. It creates
offences in relation to smoking in ‘smoke free’ premises, places or
vehicles in England and Wales, punishable by fines. It also creates
offences in relation to the frustration of the exercise of powers under
s. 20 of the Act to enter and inspect premises for the purpose of securing
the safe, appropriate and effective management and use of controlled
drugs; and in Part IV, Chapter 3, headed ‘protection of NHS from fraud
and other unlawful activities’, offences in relation to the failure to
comply with a notice compelling the production of documents or the
failure when required to provide an explanation of such documents, and
in relation to the unlawful disclosure or use of information so
obtained.
The Childcare Act 2006 received Royal Assent on 11 July 2006.
Except in relation to amendments and repeals, it extends to England and
Wales only. It creates an offence under s. 85 where a person, in an
application for registration under any of Chapters 2 to 4 of Part III of the
Act (relating to childminders and other providers of childcare), know-
ingly makes a statement that is false or misleading in a material par-
ticular. The offence is punishable on summary conviction by a fine not
exceeding level 5 on the standard scale. Section 85 is not yet in force.
Statutory instruments
The provisions of the Serious Organised Crime and Police Act 2005
(SOCPA) continue to be brought into force. The Serious Organised
Crime and Police Act 2005 (Commencement No. 9 and Amendment)
Order 2006 (SI 2006 No. 2182) applies to England and Wales, and came
into force on 15 August 2006. It brings into force s. 163(2) of SOCPA,
insofar as it relates to s. 113B(10)(h) of the Police Act 1997, on 25
September 2006. The effect of this provision is to make the British
Transport Police a relevant police force for the purpose of obtaining
information to be disclosed in an enhanced criminal record certificate
under Part V of the Police Act 1997.
The Serious Organised Crime and Police Act 2005 (Commencement
No. 8) Order 2006 (SI 2006 No. 1871) has been renamed the ‘No. 8’
* As at 11 September 2006.
†Senior Legal Officer (Criminal Justice), JUSTICE.
463
To continue reading
Request your trial