Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2014.78.1.883 |
| Published date | 01 February 2014 |
| Date | 01 February 2014 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The majority of the criminal provisions of the Scrap Metal Dealers Act
2013 have been brought into force by the Scrap Metal Dealers Act 2013
(Commencement and Transitional Provisions) Order 2013 (SI 2013
No. 1966) with effect from 1 December 2013. Section 1 provides for a
requirement for a licence to carry on business as a scrap metal dealer; s. 8
provides for a breach of notification requirements; s. 10 provides for an
offence of failing to display a licence; s. 11(1)–(3) (brought into force
1 September 2013) creates an offence of failing to verify a supplier’s
identity; s. 11(7) makes it an offence to supply a false name or address to
a buyer; s. 12 provides an offence of buying scrap metal for cash; under
s. 15 it is an offence to fail to keep records; and s. 16 creates an offence of
obstructing entry or failing to produce a record when requested to do so.
All are summary-only offences.
Secondary legislation
The Special Measures for Child Witnesses (Sexual Offences) Regulations
2013 (SI 2013 No. 2971) came into force on 18 December 2013. These
regulations are made as part of the implementation in England and Wales
of Directive 2011/93/EU of 13 December 2011 on combatting the sexual
abuse and sexual exploitation of children and child pornography, replacing
Council Framework Decision 2004/68/JHA.
Regulation 2 amends the Youth Justice and Criminal Evidence Act
1999 so that a complainant of a relevant offence whose age is uncertain
will be presumed to be under the age of 18 if there are reasons to believe
that person is under the age of 18. The effect is that a complainant to
whom the presumption applies will be eligible for ‘special measures’ under
s. 16 of the 1999 Act. ‘Special measures’ are measures intended to assist
and protect certain categories of witnesses in the giving of evidence in
criminal proceedings. Previously the presumption only applied to a
complainant of a human trafficking offence (an offence under s. 59A of
the Sexual Offences Act 2003 or an offence under s. 4 of the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004). The presumption
will now additionally apply to a complainant of a sexual offence (as
defined by s. 62 of the 1999 Act) and a complainant of an offence under s.
1 of the Protection of Children Act 1978 and a complainant under s. 160
of the Criminal Justice Act 1988.
4 The Journal of Criminal Law (2014) 78 JCL 4–5
doi:10.1350/jcla.2014.78.1.883
* As at 9 December 2013.
† Barrister, Carmelite Chambers; e-mail: laurajmcgown@gmail.com.
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