Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2009.73.3.564 |
| Published date | 01 June 2009 |
| Date | 01 June 2009 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Criminal Justice and Immigration Act 2008 (Commence-
ment No. 6 and Transitional Provisions) Order 2009 (SI 2009 No.
140) was made on 29 January 2009. It will bring into force on 1
February 2009 the following provisions of the Criminal Justice and
Immigration Act 2008: s. 48(1)(a) (giving of youth conditional cau-
tions); s. 123 (review of anti-social behaviour orders, etc.); s. 124
(individual support orders); s. 148(2) (consequential, etc. amendments
and transitional and saving provisions) insofar as the section relates to
the provisions specified in art. 2, para. (f) of the commencement order;
Sched. 9 (alternatives to prosecution for offenders under 18), para. 1
and para. 3, but only to the extent that the Schedule inserts ss. 66G and
66H of the Crime and Disorder Act 1998, para. 4; and Sched. 27, paras
33 and 34 (transitory, transitional and saving provisions).
The Parole Board (Amendment) Rules 2009 (SI 2009 No. 408)
bring into force provisions relating to the Parole Board on 1 April 2009.
The explanatory note states that the purpose of the Rules is to provide
the Parole Board with greater flexibility in deploying its resources ‘to
better cope with an increasing number of cases referred to it’. The Rules
are made under s. 239(5) of the Criminal Justice Act 2003 and amend
the Parole Board Rules 2004 (‘the 2004 Rules’). The 2004 Rules set out
the procedure to be adopted by the Parole Board when dealing with
cases referred to it by the Secretary of State under ss. 28(6)(a), 28(7) or
32(4) of the Crime (Sentences) Act 1997 or under s. 39(4) or 44A(2) of
the Criminal Justice Act 1991.
Rule 3 amends the arrangement of rules to reflect the change of
heading of r. 13 to ‘Consideration by an oral panel’. Rule 4 amends r. 2
of the 2004 Rules to add the definition of ‘ICM member’, remove the
definition of ‘three member paper panel’ and change the defined term
‘three member oral panel’ to the defined term ‘oral panel’.
Rule 5 amends r. 3 of the 2004 Rules to remove the need for three-
person paper panels and to allow oral panels to be formed of one or
more members instead of always being formed of three members. It also
removes the requirement for all oral panels to be chaired by a legally
* As at 31 March 2009.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
188 The Journal of Criminal Law (2009) 73 JCL 188–190
doi:1350/jcla.2009.73.3.564
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