Criminal Law Legislation Update
| Published date | 01 December 2005 |
| Date | 01 December 2005 |
| DOI | http://doi.org/10.1350/jcla.2005.69.6.452 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Louise Ireland†
Statutory instruments
The implementation of the Serious Organised Crime and Police Act 2005
(SOCPA) continues apace. The Serious Organised Crime and Police
Act 2005 (Commencement No. 2) Order 2005 (SI 2005 No. 2026)
has brought into force various provisions in England and Wales as of 1
August 2005. They include:
Section 116(1), (3)–(5)—these provisions amend s. 64A of the Police
and Criminal Evidence Act 1984 (photographing of suspects, etc.) so as
to allow photographs or moving images taken under the section to be
used by, or disclosed to, any person for any purpose related to the
enforcement of a sentence. A ‘sentence’ is defined as including any
order made by a court in England and Wales when dealing with an
offender in respect of his sentence.
Paragraphs 4 and 20 of Sched. 6 (and s. 109 insofar as it relates to
those paragraphs) are also brought into force—they amend the Proceeds
of Crime Act 2002 by inserting a new s. 286A, regarding ‘legal expenses
excluded from freezing: required conditions’.
Section 122(1)–(6) is brought in, insofar as these subsections are not
already in force. These provisions amend the Police Reform Act 2002
—first, amending s. 42 of that 2002 Act so as to allow a police officer (of
the rank of inspector or above) to direct a person designated as an
investigating officer under s. 38 of that Act not to wear a uniform for the
purposes of a particular operation. Schedule 4 to the 2002 Act is also
amended so as to provide that community support officers (PCSOs)
cannot issue fixed penalty notices under Chapter 1 of Part 1 of the
Criminal Justice and Police Act 2001 in respect of the offences of theft or
leaving litter (under s. 87 of the Environmental Protection Act 1990).
Paragraph 15A(1) of Sched. 4 is also amended to allow the Secretary of
State by order to amend the list of offences for which PCSOs cannot
issue this type of fixed penalty, by adding or removing provisions, so
long as the provisions are listed in the first column of the table in s. 1(1)
of the Criminal Justice and Police Act 2001.
Schedule 5 to the Police Reform Act 2002 (powers exercisable by
accredited persons) is also amended in the same way—except that, as
well as theft and leaving litter, accredited persons are prevented from
issuing fixed penalty notices under the relevant part of the 2001 Act in
respect of offences of criminal damage under s. 1(1) of the Criminal
Damage Act 1971.
* As at 6 September 2005.
† Senior Legal Officer (Criminal Justice), JUSTICE.
452
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