Criminal Law Legislation Update
| Published date | 01 June 2008 |
| DOI | 10.1350/jcla.2008.72.3.491 |
| Date | 01 June 2008 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Criminal Procedure (Amendment No. 3) Rules 2007 (SI 2007
No. 3662 (L. 32)) were made on 18 December 2007 and will be brought
into force on 1 April 2008 (rr. 1–4 and 15–23) and 7 April 2008
(remainder). The explanatory notes state that the Amendment Rules
add the following new provisions to the Criminal Procedure Rules 2005
(SI 2005 No. 384): in Part 3 (Case management) a new r. 3.5(6), which
sets out the sanctions a court may impose for failure to comply with a
procedural rule or a procedural direction; a new r. 3.8(2), which re-
quires the Crown Court to conduct a plea and case management hearing
unless that is unnecessary; a new r. 3.10, in substitution for the existing
rule, which requires the court to establish the issues the parties intend to
explore at the trial or at the appeal; and new explanatory notes. New
r. 3.5(6), which relates to the court’s case management power and
sanctions, states that if a party fails to comply with a rule or a direction
the court may—(a) fix, postpone, bring forward, extend, cancel or
adjourn a hearing; (b) exercise its powers to make a costs order; and (c)
impose such other sanction as may be appropriate.
Part 50 (Supplementary orders made on conviction) of the 2005
Rules is substituted by Part 50 (Civil behaviour orders after verdict or
finding), see 2007 Amendment No. 3 Rules, Sched. 1. The new Part 50
prescribes the procedure for applying in criminal cases for an anti-social
behaviour order or other civil behaviour order. Part 74 (Appeal or
reference to the House of Lords), as substituted (2007 Amendment No. 3
Rules, Sched. 6), prescribes the procedure for applying to the Court of
Appeal for permission to appeal, or to refer a case, to the House of Lords.
A new rule in Part 2 (Understanding and applying the Rules) explains
when the new rules in Parts 50 and 74 will apply and makes transitional
provisions about other amendments made by the 2007 Amendment
No. 3 Rules.
The Police and Criminal Evidence Act 1984 (Codes of Practice)
Order 2008 (SI 2008 No. 167) was made on 29 January 2008 and came
into force on 1 February 2008. It brings into force revisions to PACE
relating to the tape recording of interviews with suspects (Code E); the
exercise of police officers of statutory powers of stop and search (Code
* As at 11 March 2008.
†Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
183The Journal of Criminal Law (2008) 72 JCL 183–186
doi:1350/jcla.2008.72.3.491
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