Criminal Law Legislation Update
| Author | Laura McGowan |
| Published date | 01 December 2008 |
| Date | 01 December 2008 |
| DOI | http://doi.org/10.1350/jcla.2008.72.6.528 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Criminal Evidence (Witness Anonymity) Act 2008 received Royal
Assent on 21July 2008. It came into force on the same day.
Statutory instruments
The Criminal Procedure (Amendment) Rules 2008 (SI 2008 No.
2076) come into force on 6 October 2008. These rules add the following
new provisions to the Criminal Procedure Rules 2005 (SI 2005 No. 384):
a new Part 7 (Starting a prosecution in a magistrates’ court), in substitu-
tion for the existing Part 7 (Commencing proceedings in a magistrates’
court). The new Part 7 rules revise and simplify the previous rules. They
apply, as described in r. 4 of the 2008 Rules, to criminal cases in
magistrates’ courts started by one of three specified actions, on or after
6 October 2008. In other cases the rules replaced by those rules apply.
Part 63 (Appeal to the Crown Court), as substituted, revises and sim-
plifies the rules so that they correspond broadly with the other appeal
rules which have already been revised and simplified. Omissions and
modifications ensure that the new Part 63 rules are appropriate to the
particular rights of appeal and the jurisdiction involved. New rules in
Part 2 (Understanding and applying the Rules) make transitional provi-
sion and explain when the new rules in Part 7 and Part 63 will apply.
In addition the following amendments are made: Part 2 (Understand-
ing and applying the Rules) is amended to include a new rule about
representatives and ‘supporting adults’ to clarify, in one place, which
representatives can act in criminal proceedings. Part 4 (Service of docu-
ments) is amended to clarify the operation of r. 4.4 of the principal
regulations (Service by leaving or posting a document) and to avoid
confusion in respect of service on a company registered in Scotland or in
Northern Ireland. Part 37 (Summary trial) is amended to include three
rules transferred from the existing Part 7 (Commencing proceedings in
magistrates’ courts), on its revision and simplification. First, existing
r. 7.4 (Duty of court officer receiving statutory declaration under
section 14(1) of the Magistrates’ Courts Act 1980) becomes new r. 37.11;
secondly, existing r. 7.5 (Notice of order under section 25 of the Road
Traffic Offenders Act 1988) becomes new r. 37.10, and finally, existing
* As at 10 September 2008.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
470 The Journal of Criminal Law (2008) 72 JCL 470–475
doi:1350/jcla.2008.72.6.528
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