Implementation of the Criminal Justice Act 2003




18 December 2003



The gradual implementation of the wide-ranging Criminal Justice Act 2003 has begun. For offences committed on or after 18 December 2003, a new regime has come into being in relation to mandatory life sentences. The length of the sentence to be served before the parole board can consider release is now fixed by the judiciary and not by the Home Secretary, but within clear statutory guidelines.



These prescribe starting points, for instance, for adults of life meaning life, 30 years or 15 years. The court determines the actual length in question, having regard to the issues referred to in schedule 21. Schedule 22 contains transitional provisions for offences committed before 18 December.





20 January 2004



On 20 January 2004 a number of changes to police powers came into effect. Powers to stop and search include powers to search for items likely to cause criminal damage.



Civilians are entitled to accompany police officers on searches. The police may bail suspects direct from the place of arrest, and telephone reviews of detention in a police station are now possible. The increased discretion of a custody sergeant not to list everything found on a suspect on the property list will need to be carefully watched so that solicitors are not taken by surprise when items are produced for comment in interview. The power to extend the time in detention from 24 hours now extends to all arrestable offences and not just to those that are serious arrestable offences. The length of time for which those facing terrorist allegations can be held without charge has been increased to 14 days. In addition those transferred to mental hospital now have an access to the Parole Board and the offence of outraging public decency is triable either way and is no longer indictable only.





22 January 2004



On 22 January 2004 a new minimum automatic sentence was brought in for those who commit firearms offences under a range of the offences under section 5(1) and 5(1A) of the Firearms Act 1968. For those who are 18 or more at the time of the offence the minimum sentence is five years. For those who are at least 16 the minimum is three years (and the offence becomes a grave crime). These sentences can only be avoided in exceptional circumstances. Home Office circular 7/2004 indicates that the penalty is not aimed at a purely technical offence. The maximum sentence remains ten years.





26 January 2004



On 26 January 2004 'intermittent custody' was introduced in pilot areas.





29 January 2004



On 29 January 2004 making false applications for passports and driving licences, making false statements and withholding material information under section 174 Road Traffic Act 1988, and possession of cannabis became arrestable offences. Cannabis having been re-classified as a class C drug on 24 January 2004, the offence of supplying class C drugs had its maximum sentence increased from five years to 14. There is, as from this date, no longer a requirement to substantiate an information on oath before a warrant might be issued either on the laying of the information or on the non-appearance of a defendant. The penalty under section 174 of the Road Traffic Act 1988 was increased to two years on indictment from a level 4 fine.





27 February 2004



On 27 February 2004, the maximum penalty for causing death by dangerous driving, causing death by careless driving while intoxicated, and for causing death by aggravated vehicle taking, was increased to 14 years so that these offences will be grave crimes in the youth court for all age groups. Amendments were also made so that parenting orders might be made at the time that a court makes a youth referral order or on breach of such an order.





5 April 2004



On 5 April 2003 the police will obtain power to take fingerprints and non-intimate samples without consent once a person is lawfully detained in a police station. Significant changes are made in the law of bail.



Conditions may from that date be imposed if they would assist in securing the defendant's own protection or welfare. In relation to non-imprisonable crime it will be possible to remand a defendant in custody, following an arrest under section 7 of the Bail Act 1976, not only when there has been a failure to appear but also where there is a risk of further offences or an interference with the course of justice. The six-month limit on bringing Bail Act proceedings where a suspect fails to return to the police station is replaced by a three-month limit from the time of the suspect's subsequent arrest. Most significantly, the jurisdiction of the Crown Court to hear bail appeals from the magistrates court is extended to appeals against conditions of residence, surety, security, curfew, electronic monitoring or contact (but not of other conditions) However, the jurisdiction of the High Court to deal with bail applications in mainstream criminal proceedings is abolished.



It seems that applications for judicial review will be required if wholly unreasonable conditions of bail (outside the list above) are imposed by magistrates or Crown Courts.



In Manchester, Salford and Nottingham, section19 has been brought into force. Persons who are charged with drugs-related offences and test positive for class A drugs, or refuse to take such a test, shall be refused bail unless they are willing to take part in a drug referral scheme.





1 May 2004



On 1 May 2004 amendments will be made allowing a wider use of orders disqualifying persons from working with children. In relation to respondents younger than 18 years of age courts will be able to insert into an Anti-Social Behaviour Order an individual support order requiring the respondent to comply with individual directions.





By Anthony Edwards, TV Edwards, London