SPRING 2022 CRIMINAL LAW UPDATE – TUESDAY 31st   MAY 2022 – 16:00 – 17:00 – Cost – £60 (INCLUSIVE OF VAT)

THIS SPRING CRIMINAL LAW UPDATE COULD NOT HAVE BEEN BETTER TIMED!

The Police, Crime, Sentencing and Courts Act 2022 received Royal Assent in late April and we have had the first Commencement Order in relation to this very important piece of legislation

The Judicial Review and Courts Act 2022 received Royal Assent in late April and Section 51 of the Act commenced certain provisions on the date of Royal Assent

THESE 2 ACTS OF PARLIAMENT WILL BRING ABOUT MAJOR CHANGES – CRIMINAL PRACTITIONERS NEED TO KNOW WHAT THEY ARE

As well as other recent changes to legislation – The following 20 points concerning the 2 recent Acts of Parliament will be considered:

1 – Increase in sentencing powers of Magistrates’ – Section 13 of the Judicial Review and Courts Act 2022

2 – Amendments to the time limits for prosecution of common assault/battery in a domestic abuse case – Section 49 of the Police, Crime, Sentencing and Courts Act 2022 – in force 28th June

3 – Voyeurism: breastfeeding – expansion of the offence – Section 48 of the Police, Crime, Sentencing and Courts Act 2022 – in force 28th June

4 – Detention and Training Orders – discretion as to the length of the Order – Section 158 of the Police, Crime, Sentencing and Courts Act 2022

5 – Community sentences – increase in maximum daily curfew hours and curfew requirement period – Section 150 of the Police, Crime, Sentencing and Courts Act 2022

6 – Youth remand – sentencing condition for YDA remand – Section 157 of the Police, Crime, Sentencing and Courts Act 2022

7 – Magistrates’ to decide the most suitable venue for trial in a defendant’s absence where they fail to attend the Court without good reason – Section 9 of the Judicial Review and Courts Act 2022

8 – Engaging with the procedure to establish the most suitable venue to allocate the case for trial with either-way offences, in writing – Sections 6 – 8 of the Judicial Review and Courts Act 2022

9 – Enabling defendants to have the option, with the assistance of legal representation, to engage with a range of pre-trial criminal court proceedings online via the common platform – the Judicial Review and Courts Act 2022

10 – Amendments to pre-charge bail – Section 45 and Schedule 4 of the Police, Crime, Sentencing and Courts Act 2022

11 – A new offence of causing serious injury by careless or inconsiderate driving – Section 87 of the Police, Crime, Sentencing and Courts Act 2022

12 – Increase in the requisite custodial period for certain, violent or sexual offenders given 4 years or more at the Crown Court (additional offences and it will be 4 years or more, rather than the current 7 years or more) – Section 130 and Schedule 15 of the Police, Crime, Sentencing and Courts Act 2022

13 – Increase in penalty for those who assault emergency workers – Section 2 of the Police, Crime, Sentencing and Courts Act 2022

14 – New powers for the Crown Court, in certain circumstances, to remit to the Magistrates’, a matter which had been SENT FOR TRIAL by them – Section 11 of the Judicial Review and Courts Act 2022 (in force)

15 – A new Section 46ZA (4) of the Senior Courts Act 1981 requires the Crown Court to consider whether to send a person under 18 who appears before the Crown Court back to the Magistrates’ Court – the Judicial Review and Courts Act 2022

16 – Increase in requisite custodial period for certain other offenders ‘of particular concern’ – Section 131 of the Police, Crime, Sentencing and Courts Act 2022

17 – A power for the Crown Court to remit an adult offender to a Magistrates’ Court for sentence – Section 11 of the Judicial Review and Courts Act 2022 inserts a new Section 25A (2) into the Sentencing Act 2020 (or Sentencing Code if you prefer)

18 – Causing death by dangerous driving or careless driving whilst under the influence of drink or drugs – increase in penalties – Section 86 of the Police, Crime, Sentencing and Courts Act 2022

19 – Completely new legal concepts – Diversionary and Community Cautions – Sections 98 – 121 of the Police, Crime, Sentencing and Courts Act 2022

20 – Assaults on those providing a public service – Section 156 of the Police, Crime, Sentencing and Courts Act 2022