Criminal Law Legislation Update
| Published date | 01 April 2014 |
| DOI | 10.1350/jcla.2014.78.2.898 |
| Author | Laura McGowan |
| Date | 01 April 2014 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Bills before Parliament
The Criminal Justice and Courts Bill 2013–14 was introduced by the
Ministry of Justice to the House of Commons and will receive its Second
Reading in the House of Commons on 24 February 2014. The Bill includes
wide-ranging reforms to the justice system as well as targeted provisions
to protect the public better and reduce reoffending. It makes provision
about how offenders are dealt with before and after conviction; to amend
the offence of possession of extreme pornographic images to include
depictions of rape, including both actual and simulated ‘non-consensual’
sexual acts involving penetration; to make provision about the proceedings
and powers of courts and tribunals; to make provision about judicial
review; and for connected purposes. The upper age limit for jurors will be
increased from 70 to 75 years.
The Offender Rehabilitation Bill 2013–14 was introduced by the
Ministry of Justice to the House of Lords and received its Third Reading in
the House of Commons on 14 January 2014. It will now return to the
House of Lords. The Bill is designed to reform the way that offenders are
rehabilitated. It makes provision for the release, and supervision after
release, of offenders; about the extension period for extended sentence
prisoners; about community orders and suspended sentence orders, and
for connected purposes.
Sentencing Guidelines
The Sentencing Council on 12 December 2014 published new sentencing
guidelines for sexual offences (available at http://sentencingcouncil.judiciary.
gov.uk/about/sexual-offences.htm). The guideline covers more than 50 offences
including rape, child sex offences, indecent images of children, trafficking
and voyeurism, and brings significant changes to how offences are con-
sidered by the courts. The guideline will come into force on 1 April 2014.
In light of the recent spate of child sexual exploitation cases it is not
surprising that the guidelines puts more emphasis on activities such as
grooming activity by both individuals and gangs, the targeting of vulnerable
victims such as those in care and offenders’ abuse of trust and positions of
power or status so that these are clearly reflected in sentencing levels.
The guideline has changed approach as regards dealing with offences
against children. In the previous guideline there were child sex offences
labelled as involving ‘ostensible consent’— that is, where a child over 13
104 The Journal of Criminal Law (2014) 78 JCL 104–105
doi:10.1350/jcla.2014.78.2.898
* As at 21 February 2014.
† Barrister, Carmelite Chambers; e-mail: laurajmcgown@gmail.com.
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