Criminal Law Legislation Update∗

AuthorLaura McGowan
Published date01 August 2014
Date01 August 2014
Subject MatterOpinion
Criminal Law
Legislation Update*
Laura McGowan
Primary legislation
The Anti-social Behaviour, Crime and Policing Act 2014 received Royal
Assent on 13 March 2014. The following provisions came into force on 13
May 2014: s. 106 (keeping dogs under proper control); s. 107 (whether a
dog is a danger to public safety); s. 119 (violent offender orders); ss 144–
146 (personal samples and DNA proles); s. 152 (powers of community
support ofcers); s. 153 (use of amplied noise equipment in vicinity of
the Palace of Westminster); and s. 176 (low-value shoplifting).
The Sentencing Council has published a new guideline covering offences
of fraud, bribery and money laundering (http://sentencingcouncil.judiciary.
guideline.pdf). It takes effect on 1 October 2014 for all offenders sentenced
on or after that date. It covers offences under the following categories:
fraud (Fraud Act 2006, ss 1, 6 and 7); conspiracy to defraud; false
accounting; revenue fraud; benet fraud; money laundering; bribery; and
corporate frauds.
Publication of the guideline also marks the rst time that there has been
a guideline for the sentencing of money laundering. The Council recognises
that this offence is an integral part of much serious crime and wants to
ensure that effective guidance is in place.
In 2012, 17,926 people were sentenced for fraud, a hugely varied
offence that can affect individuals, businesses, public money and charities.
The Sentencing Council has also published a draft guideline for
sentencing in cases on theft. The aim of the proposed guideline is to
introduce a clearer focus on the impact of thefts on victims, and an
understanding that the value of stolen items to victims is not just nancial.
The proposed guideline is now subject to consultation (see at http://
Consultation_web.pdf). Responses are sought on the main factors that make
any of the offences more serious or less serious; factors that should
inuence the sentence; the structure and format of the guideline; and, the
types and lengths of sentences that should be passed. The consultation
closes on 26 June 2014.
The Law Commission on 26 March 2014 published its second report
Contempt of Court (2), Court Reporting, Law Com. No. 344 (2014), http://
The Journal of Criminal Law (2014) 78 JCL 281–282 281
* As at 28 May 2014.
Barrister, Carmelite Chambers; e-mail:

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