Criminal Law Legislation Update 2003–04
| Author | Sally Louise Ireland |
| DOI | 10.1350/jcla.68.6.454.54146 |
| Published date | 01 November 2004 |
| Date | 01 November 2004 |
| Subject Matter | Article |
Criminal Law Legislation
Update 2003–04
Sally Louise Ireland*
The last 12 months have been momentous for criminal lawyers. The
gargantuan Criminal Justice Act 2003 (the CJA) received Royal Assent
in November 2003 after prolonged and acrimonious debate both in and
out of Parliament about its reforms, and is progressively entering into
force, changing both the policy and the terminology applied in court-
rooms throughout England and Wales. The Sexual Offences Act 2003
(the SOA) has reformed, but arguably not simplified, the law of sexual
offences, changing the nature of rape and replacing indecent assault
with a multiplicity of potential charges. The Anti-Social Behaviour Act
2003 has created, inter alia, offences in relation to the contravention of
‘crack house’ closure notices, disobeying new police powers to order
dispersal of groups, and the carrying of imitation weapons in public. It
also amends the law of aggravated trespass and grants police new
powers to move travellers off land on which they are trespassing and
criminalises those who fail to comply. Other important reforms have
been enacted, but due to pressure of space, coverage in this article will
focus on important provisions of the CJA and the SOA that criminal
lawyers may soon encounter in practice if they have not done so
already.
Criminal Justice Act 2003
Amendments to the Police and Criminal Evidence Act 1984
Searches, bail
Searches under s. 1 of PACE can now be made for articles made, adapted
or intended for use relating to criminal damage offences. Section 16
search powers have been extended in relation to people who accom-
pany constables on the searches; they now have the same powers as
constables in relation to the execution of warrants and seizure, but may
only exercise those powers in the company and under the supervision
of, a constable. Certain offences are added to the list of arrestable
offences, including, somewhat unexpectedly, cannabis possession. The
police are granted power to bail people without taking them back to the
police station, but must now release people without bail if there are no
grounds either for keeping them under arrest or for bailing them before
they get back to the station.
* Barrister, 18 Red Lion Court.
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