Criminal Law Legislation Update
| Author | Joanne Clough |
| DOI | 10.1177/0022018317747061 |
| Date | 01 December 2017 |
| Published date | 01 December 2017 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation Update:
As at 10 November 2017
Joanne Clough
Ulster University, UK
This edition of the Legislation Update sets out a selection of secondary legislation which has recently
come into force or is due to come into force in relation to a variety of matters.
Anti-Social Behaviour, Crime and Policing Act 2014
(Commencement No. 10) Order 2017
This Order (SI 2017/1018) brings s. 154 of the Anti-social Behaviour, Crime and Policing Act 2014 into
force from 25 October 2017. Article 2 of the Order creates a new s. 88A of the Environmental Protection
Act 1990, relating to littering from vehicles in England. A littering offence is committed in respect of a
vehicle if an offence under s. 87(1) Environmental Protection Act 1990 occurs as a result of litter being
thrown, dropped or otherwise deposited from a vehicle. Regulations may prescribe the amount of the
fixed penalty that applies, how the amount of fixed penalty is to be determined and the period within
which the fixed penalty must be paid.
Criminal Finances Act 2017 (Commencement No. 2 and Transitional
Provisions) Regulations 2017
The Criminal Finances Act 2017 (Commencement No. 2 and Transitional Provisions) Regulations 2017
(SI 2017/991) are the second set of commencement regulations made under the Criminal Finances Act
2017 (CFA 2017). The regulations bring a number of sections of the CFA 2017 in to force which, in turn,
amend the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). The
sections have taken effect from 31 October 2017. The sections of the CFA 2017 that have been
commenced are as follows:
Section 10, relating to the power to extend the moratorium period within Part 7 of POCA 2002.
This applies only in relation to a relevant disclosure made on or after 31 October 2017.
Section 11, relating to the sharing of information within the regulated sector in so far as it applies
to relevant undertakings within POCA 2002, s. 339ZG(5)(b)(4).
Section 12, relating to further information orders as governed by POCA 2002. An order under the
new POCA 2002, s. 339ZH can only be made where the information required to be given under
that order relates to a matter arising from a disclosure made on or after 31 October 2017.
Section 15, relating to forfeiture of certain personal (or moveable) property, by inserting s. 303G
and 303H into POCA 2017.
Section 17, relating to powers available to members of staff within the Serious Fraud Office under
Schedule 1 POCA 2002.
The Journal of Criminal Law
2017, Vol. 81(6) 439–443
ªThe Author(s) 2017
Reprints and permissions:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/0022018317747061
journals.sagepub.com/home/clj
To continue reading
Request your trial