Criminal Law Legislation Update
| DOI | 10.1177/0022018317711753 |
| Published date | 01 June 2017 |
| Date | 01 June 2017 |
| Author | Joanne Clough |
| Subject Matter | Criminal Law Legislation Update |
2017, Vol. 81(3) 163–166
Criminal Law Legislation Update
ª The Author(s) 2017
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DOI: 10.1177/0022018317711753
As at 20 April 2017
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Joanne Clough
Ulster University, UK
Policing and Crime Act (Commencement No. 2) Regulations 2017
These regulations (SI 2017/482) bring a number of provisions of Part 8 of the Policing and Crime Act
2017 into force on 1 April 2017. Section 144 comes into force to enable an increase in the maximum
term of imprisonment for offences relating to financial sanctions under the European Communities Act
1972. Section 145 extends the maximum sentence for offences under the Antiterrorism, Crime and
Security Act 2001 and the Counter Terrorism Act 2008, to 7 years’ imprisonment, in line with the new
maximum penalties enabled by s. 144.
Sections 147–149 introduce a new civil monetary penalties regime for breaching financial sanctions
as an alternative to criminal prosecution. Sections 150–156 expand the range of enforcement options to
include deferred prosecution agreements and serious crime prevention orders when dealing with
breaches of financial sanctions (ss 150–151). They also provide the treasury with the power to make
regulations to create a temporary financial sanctions regime in order to implement a United Nations
(UN)-mandated financial sanctions regime (ss 152–153), and they enable the treasury to make regula-
tions linking UN financial sanctions resolutions with the corresponding EU financial sanction regula-
tions (ss 154–155). The provisions extend to Guernsey, the Isle of Man and the British Overseas
Territories (s. 156).
Criminal Procedure (Amendment) Rules 2017
On 3 April 2017, a number of changes take effect within the Criminal Procedure Rules 2015 (SI 2015/
1490) by virtue of the Criminal Procedure (Amendment) Rules 2017 (SI 2017/157) (‘the Amendment
Rules’). The changes, in summary, are as follows:
Sufficient Time to Consider Prosecution Information
Part 8 of the Criminal Procedure Rules contains rules requiring the prosecutor to provide the defendant
and the court with enough information at the first hearing, to allow each to assess the prosecution case
and make decisions about how to proceed. Part 14 details rules relating to the procedure for the court’s
decision to detain or release a defendant on bail pending trial. The Criminal Procedure Rules 2015 have
been amended to impose explicit obligations on the court to ensure that sufficient time is allowed for
information to be considered and for representations to be made and assessed. If information about the
prosecution case is supplied later than is usually...
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