Criminal Law Legislation Update
Author | Laura McGowan |
Published date | 01 August 2008 |
Date | 01 August 2008 |
DOI | 10.1350/jcla.2008.72.4.262 |
Subject Matter | Article |
Legislation Update*
Laura McGowan†
Primary legislation
The Criminal Justice and Immigration Act received Royal Assent on 8
May 2008. Further commentary will be made on this Act as and when
its provisions are brought into force.
Statutory instruments
On 6 May 2008 the Corporate Manslaughter and Corporate Homicide
Act 2007 (Commencement No. 1) Order 2008 (SI 2008 No. 401)
brought the Corporate Manslaughter and Corporate Homicide Act 2007
into force except for s. 2(1)(d), which covers the duty of care owed
to person in custody, and s. 10 (power to order a conviction to be
publicised).
The Serious Crime Act 2007 (Commencement No. 2 and Transi-
tional and Transitory Provisions and Savings) Order 2008 (SI 2008
No. 755) brought into force the following sections of the Serious Crime
Act 2007 on 6 April 2008, subject to art. 15(2) and (3). Section 1 (serious
crime prevention orders); s. 2 together with Part 1 of Sched. 1 (involve-
ment in serious crime: England and Wales orders); s. 3 together with
Part 2 of Sched. 1 (involvement in serious crime: Northern Ireland
orders); ss 4–23 (further provisions relating to serious crime prevention
orders); s. 24(1)–(8), (11) and (12) (appeals from Crown Court); ss 25–
36 (enforcement, particular types of persons and proceedings in the
High Court and Crown Court); s. 37 (to the extent not already in force)
(functions of applicant authorities); Sched. 2, paras 1–3, 5–17 and 19–21
of (functions of applicant authorities under Part 1); ss 38 and 39 (dis-
closure and compliance); s. 40(3) and (5)–(8) (costs in relation to
authorised monitors); ss 41–43 (retention of documents and inter-
pretation); s. 91(1) (transitional and transitory provisions and savings)
insofar as it relates to the provisions in art. 15(1)(m); and Sched. 13,
paras 1–4 (transitional and transitory provisions and savings).
Subject to art. 17(2) and (3), the following provisions of the Serious
Crime Act 2007 also came into force on 6...
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