Criminal Law Legislation Update
| Author | Joanne Clough |
| Published date | 01 August 2016 |
| Date | 01 August 2016 |
| DOI | http://doi.org/10.1177/0022018316659018 |
| Subject Matter | Criminal Law Legislation Update |
2016, Vol. 80(4) 217–219
Criminal Law Legislation Update
ª The Author(s) 2016
Reprints and permissions:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/0022018316659018
As at 17 June 2016
clj.sagepub.com
Joanne Clough
Senior Lecturer in Law and Solicitor-Advocate, Northumbria University, UK
Psychoactive Substances Act 2016 (Update)
This Act was detailed in the April edition of the Journal of Criminal Law and was scheduled to come into
force on 6 April 2016. The Act bans substances deemed to be ‘legal highs’, termed as any substance
‘stimulating or depressing the person’s central nervous system’ or ‘affecting the person’s mental func-
tioning or emotional state’. However, despite the Act passing through Parliament and receiving Royal
Assent, enactment of the statute was postponed, as a result of claims that the definition of a psychoactive
substance is likely to bring the sellers of benign or possibly helpful herbal medicines under the remit of
the law.
Following further consideration, the Act will now come into force on 26 May 2016 (following the
implementation of the Psychoactive Substances Act 2016 (Commencement) Regulations 2016 SI 2016/
553). Sections 59 and 61–63 (inclusive), as well as all enabling powers, came into force on Royal Assent.
The Magistrates’ Courts (Psychoactive Substances Act 2016) (Transfer of Proceedings) Rules 2016
(SI 2016/546) make provision for proceedings in youth courts in relation to prohibition orders (appli-
cations for orders, applications for variation or discharge of orders, and applications for reimbursement
of costs incurred in giving effect to orders which impose an access prohibition) under the Psychoactive
Substances Act 2016. Under the 2016 Act, these proceedings are allocated to adult magistrates’ courts if
the person against whom the prohibition order is sought or was made is aged 18 or over. Proceedings
should take place in the youth court if that person is aged under 18. There is a possibility that the person
against whom the...
To continue reading
Request your trial