Anthony Edwards, TV Edwards, London


Chronology of crime 2007 (part two)



1 April

Further provisions of the Drugs Act 2005 were brought into force. A suspect who has proved positive to a class A drugs test may now be ordered not only to take part in an assessment, but also in a follow-up assessment. Section 15 of the Act has been brought fully into force, providing that no one may disclose any information obtained in these assessments other than to those involved in the assessment process.



On the same day, section 14 of the Domestic Violence Crime and Victims Act 2004 brought into force the provisions for the surcharge payable to the Victims Fund. The trigger for an order for a surcharge, which is in the sum of £15, is the imposition of a fine. A surcharge is payable for each occasion on which a fine is imposed, however many offences may carry that penalty. Therefore, there are advantages in grouping cases that will be dealt with in this way.



If there is no fine, then there is no surcharge; thus there is no surcharge if a compensation order is made as a primary penalty, or if a conditional discharge is imposed with a compensation order. For clients of sufficient means, the surcharge is an obligatory additional payment. For clients without means, the priority for payments is compensation, surcharge, fine, and only then costs. Thus for clients who do not have sufficient money, the fine should be reduced by the amount of the surcharge.



The Justices Clerk Society and the Magistrates Association have advised their members that the alternative of a day in detention may be fixed when the surcharge is imposed.



The provisions of section 10 of the Police & Justice Act 2006 were brought into force, amending the Police and Criminal Evidence Act to allow bail to be granted on conditions by any constable at any place, including other than at a police station, however early in the investigation this may occur. Solicitors will need to make representations as to any conditions imposed once they represent a client.



Given that these conditions may be added early in the investigation at a time when no charge could be preferred, the only sanction available to the police on breach of a condition is to make an arrest and re-bail. This is obviously pointless and so provides a negotiating position. An application to vary any conditions of bail can be made to the police station to which the client must eventually surrender, if new information is available. In the alternative, the conditions may be varied by the court, provided that the police have been given the opportunity themselves to vary the terms.



2 April

New Criminal Defence Service financial regulations came into force, both for advice and assistance, and for magistrates' court legal aid.



In addition, amendments to the Criminal Procedure Rules came into force. The primary changes are in the following areas:

l Part 4 contains new provisions for the service of documents. Process and notices of discontinuance must be served on the defendant personally, but other documents may be served by any modern method of communication through solicitors. Solicitors may serve by email;

l Part 14 replaces the old indictment rules and makes provision for a count on an indictment to refer to more than a single incident;

l Part 19 brings in procedures for an application to vary

pre-charge bail; and

l Part 28 makes changes to the law on witness summonses. Such applications must now always be made in writing on the form which is provided by the rules. Each application must identify the witness it is intended to summon, the evidence they are able to give or bring, the materiality of that evidence, and the reason why it is in the interests of justice that the summons should be issued. This applies both to magistrates' courts and Crown Courts. New procedures are introduced where documents are sought relating to a third party. A court must now consider whether that third party should be given notice of any such application.



Amendments are also made to the consolidated practice direction. These include:

l Procedures for the trials of vulnerable adults suffering from mental disorder or some other significant impairment of intelligence and social functioning, and of children and young people. This is to ensure their understanding and participation;

l Bindovers. The bindover must refer to specific conduct and be based on a breach of the peace involving violence or an imminent threat which has occurred with a real risk of future violence;

l Rules on the settling of indictments in accordance with the amended procedure rules. This deals with specimen counts under section 17 of the Domestic Violence Crime & Victims Act and multi-charge counts';

l Rules on case management to discourage pre-trial reviews and mentions after the plea and case management hearing; and

l Provision for new forms.



6 April

The Animal Welfare Act 2006 was brought into force for offences committed on or after that date, particularly in relation to cruelty to animals.



On the same day, other provisions of the Violent Crime Reduction Act 2006 were brought into force. A new indictable offence was created where a person uses another to look after, hide, or transport a dangerous weapon to facilitate the availability of that weapon to him. Dangerous weapons include firearms and knives. The minimum sentence provisions of section 51A Firearms Act 1968 apply to this provision.



In addition, that section itself has now been extended so that there are obligatory minimum sentences, absent exceptional circumstances, in relation to anyone of 16 years or older who, for the relevant firearms, commits any of the following additional offences:

l Section 16 - possession with intent to endanger life;

l Section 16A - possession with intent to cause fear of violence;

l Section 17 - use to resist arrest;

l Section 17 - carrying with criminal intent;

l Section 19 - carrying in a public place; and

l Section 20(1) - trespass with a firearm.