Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2011.75.3.698 |
| Published date | 01 June 2011 |
| Date | 01 June 2011 |
| Subject Matter | Opinion |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Criminal Procedure and Investigations Act 1996 (Defence
Disclosure Time Limits) Regulations 2011 (SI 2011 No. 209) came
into force on 28 February 2011. The regulations provide that a defend-
ant has 28 days, from when the prosecutor complies or purports to
comply with his initial duty to disclose, to serve a defence case statement
in Crown Court cases.
Regulation 3 provides that the court may by order extend the time to
submit a defence case statement. The court can only grant an extension
if satisfied that the accused could not reasonably have given a defence
statement or given notification within the relevant period. There is no
limit on the number of days by which the relevant period may be
extended or the number of applications for extensions that may be
made.
The Crime and Security Act 2010 (Commencement No. 3)
Order 2011 (SI 2011 No. 414) came into force on 7 March 2011. It
brings into force s. 1 of the Crime and Security Act 2010. Section 1
amends s. 3 of the Police and Criminal Evidence Act 1984. The amend-
ment reduces the amount of information that must be recorded follow-
ing a stop and search encounter.
The Order brings into force ss 2–7 of the Crime and Security Act 2010.
These provisions amend Part 5 of the Police and Criminal Evidence Act
1984 (PACE), questioning and treatment of persons by police. Section 2
confers enhanced powers to take fingerprints and DNA samples. Section
3 creates similar powers in relation to qualifying offences committed
outside England and Wales. Section 4 specifies the information that
must be given on the taking of the material. Section 5 enables the police
to use these fingerprints or samples to conduct speculative searches.
Section 6 (which is commenced in part only) confers a power to require
attendance at a police station for the purpose of taking fingerprints or
samples. Section 7 sets out which offences fall within the definition of
‘qualifying offence’.
With effect from 7 March 2011, the Serious Organised Crime and
Police Act 2005 (Commencement No. 14) Order 2011 brings into
force the following provisions of the Serious Crime and Police Act 2005:
* As at 14 March 2011.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
161The Journal of Criminal Law (2011) 75 JCL 161–163
doi:10.1350/jcla.2011.75.3.698
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