Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2008.72.2.481 |
| Published date | 01 April 2008 |
| Date | 01 April 2008 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Serious Crime Act 2007 received Royal Assent on 30 October 2007.
The Act provides for the making of serious crime prevention orders (Part
1); it creates a new offence of encouraging or assisting crime (Part 2); it
further provides for other measures to prevent or disrupt serious and
other crime (Part 3); and it makes changes to the proceeds of crime
regime (Part 3, Chap. 2). Commentary on the Serious Crime Act 2007
will be provided when the Act, or provisions of it, are brought into
force.
Consultation Papers
On 30 October 2007 the Law Commission published a Consultation
Paper entitled The High Court’s Jurisdiction in Relation to Criminal Proceed-
ings (Law Com. Consultation Paper No. 184) (see http://www.lawcom.gov.
uk/judicial_review.htm, Judicial Review of Decisions in the Crown Court).
Responses are requested by 22 February 2008. The High Court has the
power to judicially review decisions in the Crown Court, except those
‘matters relating to trial on indictment’. This exclusionary rule under
s.29(3) of the Supreme Court Act 1981 is designed to prevent criminal
trials being delayed by interlocutory judicial review applications being
made to the High Court. However, the meaning of ‘matters relating to
trial indictment’ has itself been subject to lengthy and costly litigation.
The Law Commission states that the project aims to resolve the
difficulties that have been experienced in applying the exclusionary
words. The Commission also considers how this review of jurisdiction
could be best transferred to the Court of Appeal (Criminal Division) to
streamline procedures in criminal cases through a single line of criminal
courts. In addition, the Consultation Paper considers similar issues in
relation to appeals from the Crown Court to the High Court by way of
case stated (Supreme Court Act 1981, s.28(2)) and the implications of
the proposals for magistrates' courts and the court-martial.
A Consultation Paper on Reforming Bribery was published by the
Law Commission on 29 November 2007 (Law Com. Consultation Paper
No. 185, available at http://www.lawcom.gov.uk/current_consultations.htm).
Responses are requested by 20 March 2008. This project began in 1998,
when the Law Commission published a report and draft Bill on Cor-
ruption. The report and draft Bill were heavily criticised by a Joint
* As at 16 January 2008.
†Of King’s Inns (Dublin) and Gray’s Inn (London); e-mail: laurajmcgowan@gmail.com.
92 The Journal of Criminal Law (2008) 72 JCL 92–94
doi:1350/jcla.2008.72.2.481
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