Anthony Edwards, TV Edwards, London


Chronology of crime 2007

This chronology is a brief summary of the statutory changes made in criminal law during 2007.



1 January

Sections 14 and 15 of the Criminal Justice Act 2003 were brought into force in relation only to crimes carrying life imprisonment on conviction of an adult. In relation to such defendants, the provisions amend the Bail Act 1976, so as to make it more difficult to obtain bail when the defendant has failed to appear or has committed an offence on bail.



The provisions were more fully described in [2007] Gazette, 25 January, 30. It appears that where a defendant who is an adult committed the offence while on bail, he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence on bail. Thus the burden of proof is shifted to the defence. Similarly, if an adult defendant fails to appear in these proceedings, he may not again be granted bail unless the court is satisfied that there is no significant risk that he will fail to appear.



The provisions for youths do not go so far. However, they do add to the burden on the defence. In deciding whether a youth would commit an offence on bail, or fail to appear, the court should give particular weight to the fact that he was on bail or has committed the offence on bail.



8 January

Sections 17 to 21 of the Domestic Violence Crime and Victims Act 2004 were brought into force. These allow a judge at a preparatory hearing to identify certain charges as specimens of a greater number and to give directions for the trial of those specimen matters by a jury.



The court has to be satisfied that the trial on all counts is impracticable, that it can properly identify offences as samples, and that the order is in the interest of justice. The court must attempt to facilitate jury trial.



If an order is made and the defendant is then convicted of the specimen counts, any further trials of the remaining counts on the indictment will be by judge alone. Many defendants will at that point elect to plead guilty and obtain some additional discount. Any rights of appeal run from the conclusion of the total trial process and not just those tried by the jury. If the jury acquits the defendant, there would have to be a further jury trial if the Crown wished to proceed.



15 January

For offences committed on or after that date, the Fraud Act 2006 was brought into force (see [2007] Gazette, 11 January, 33).



On the same day, two sets of provisions of the Police and Justice Act 2006 were brought into force. Section 11 gives the police power to detain a suspect pending the decision of the Crown Prosecution Service (CPS) whether to charge and, if so, with what offence (amending section 37 of the Police and Criminal Evidence Act 1984). The detention is for long enough to allow the CPS to make the decision on charge.



However, section 40 (on the review of a person's detention) remains effective, and solicitors may wish to make representations should there be any undue delay under these provisions. Similarly, the limit on the period of detention without charge remains in force and extensions appear to be unavailable once cases have been referred to the CPS.



In addition, provisions of the same Act in relation to 'live-link' came into force. These provisions have two separate effects. The first is to extend live-link to all preliminary and sentencing hearings, and on a pilot basis in south London this will include a hearing taking place with the defendant still at the police station. The provisions also enable there to be video hearings in the Court of Appeal Criminal Division.



However, the Youth Justice and Criminal Evidence Act 1999 is also amended by the insertion of section 33A. This allows the use of live-link on application by the defence, or at the court's own initiative, for the evidence of defendants to be given in that way if it is in the interests of justice. The requirements are as follows:

l For a youth: where their ability to participate effectively as a witness giving oral evidence is compromised by their level of intellectual ability or social functioning and the link would enable them more effectively to participate; and

l If they are adults: where they suffer from a mental disorder or otherwise have significant impairment of intelligence and social functioning and are thus unable effectively to participate in the proceedings as a witness giving oral evidence, and the use of a live-link would enable them to participate more effectively by improving the quality of the evidence or otherwise.



12 February

Provisions of the Violent Crime Reduction Act 2006 were brought into force. These included a new section 60A of the Sexual Offences Act 2003, giving the court power on sentencing to make a forfeiture order for a vehicle, ship or aircraft used or intended to be used for sex trafficking. These can be detained pending a resolution of the issue.



For offences on or after 12 February 2007, the maximum penalty for having a bladed article in a public place or at a school increased from two to four years.



The statute from that date also seeks to prevent defendants escaping any conviction on the basis that a complainant cannot be sure whether an offence took place prior to 1 May 2004 and thus under the Sexual Offences Act 1956, or under the Sexual Offences Act 2003 on or after that date. The statute provides that where a person is charged with a sexual offence under the 2003 Act, and with an offence contrary to other provisions specified in respect of the same conduct, and the only reason that a conviction is prevented is that it cannot be proved that the conduct took place before or after the commencement date, then it shall be conclusively presumed that the conduct took place when the offence carried the lower penalty, or, if the penalties were the same, that it took place after the commencement of the 2003 Act.



On the same day, adults convicted of serious sexual offences, and made subject to imprisonment for public protection, must now notify police of their personal details for a sex-offenders register for an indefinite period.



20 February

The Emergency Workers (Obstruction) Act 2006 was brought into force for offences on or after that date. It is a summary offence, subject to a level 5 fine, without reasonable excuse to obstruct or hinder defined emergency workers responding to emergency circumstances, or persons assisting them.



Next week: April to July