Criminal Law Legislation Update
| Date | 01 December 2010 |
| Published date | 01 December 2010 |
| DOI | 10.1350/jcla.2010.74.6.662 |
| Subject Matter | Opinion |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Misuse of Drugs Act 1971 (Amendment No. 2) Order 2010 (SI 2010
No. 1833) came into force on 23 July 2010. This Order adds a further
group of cathinone derivatives (including naphthylpyrovalerone, com-
monly known as naphyrone) to Part 2 of Sched. 2 to the Misuse of Drugs
Act 1971 which specifies drugs which are subject to control as Class B
drugs under that Act.
The Coroners and Justice Act 2009 (Commencement No. 5) Order
2010 (SI 2010 No. 1858) was made on 19 July 2010. This Order brings
into force certain provisions of the Coroners and Justice Act 2009.
Article 2 brings into force s. 145 of the 2009 Act on 2 August 2010,
along with associated transitional provisions and repeals. Section 145
amends certain provisions of the Criminal Justice Act 1991 relating to
parole decisions in respect of the release of long-term prisoners on
licence.
Section 144 of and most of Sched. 17 to the 2009 Act, along with
associated transitional provisions and repeals, were brought into force
on 15 August 2010 (2010 Commencement Order, art. 3). Those provi-
sions relate to the treatment of criminal convictions imposed by courts
outside England and Wales and Northern Ireland. Those provisions
transpose in relation to England and Wales Council Framework Decision
2008/675/JHA of 24 July 2008 on taking account of convictions in
the Member States of the European Union in the course of criminal
proceedings.
Consultation Papers
The Law Commission issued a Consultation Paper on 25 August 2010 on
Criminal Liability in Regulatory Contexts (Law Com. Consultation Paper
No. 195), available at http://www.lawcom.gov.uk/current_consultations.htm.
Responses are requested by 25 November 2010. The Consultation Paper
is in eight parts. These examine: Regulation, businesses and criminal
liability; Regulation and public interest offences; Criminal wrongdoing
and regulation; Consistency and principle in using fault elements; Stat-
utory interpretation and the status of the identification doctrine; A
* As at 13 September 2010.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
490 The Journal of Criminal Law (2010) 74 JCL 490–491
doi:10.1350/jcla.2010.74.6.662
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