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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Archbold: Criminal Pleading, Evidence and Practice 2017 Book & CD-ROM Pack isbn 9780414059542

Archbold: Criminal Pleading, Evidence and Practice 2016 Book & CD-ROM Pack

Edited by: James Richardson

ISBN13: 9780414054387
New Edition ISBN: 9780414059542
Previous Edition ISBN: 9780414035751
Published: November 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM & 3 Supplements
Price: Out of print



With over 190 years' authority informing every page, Archbold is the reference work to cite in court, adding weight and credibility to your arguments. It concentrates on what the law is, rather than what it ought to be, covering both substantive law and the practice and procedure of the Crown Court. Separate chapters cover each indictable offence in depth, from forgery to murder, enhancing your understanding of the crimes relevant to your current cases.

Supplemented three times a year Archbold keeps you abreast of the latest developments in criminal law, from case law to new Statutory Instruments. Ten copies a year of the Archbold Review bulletin provides insight into the latest discussions surrounding developments in criminal law and practice from your colleagues and peers.

You know as well as we do how quickly the law changes, and so you can stay completely up to date with the latest developments via the Archbold eUpdate, a weekly email alert containing all the relevant updates in criminal law that impact Archbold, cross-referenced by paragraph to the mainwork.. What's more, the content is archived online so you can access the latest information at anytime.

TOPICAL NEW COVERAGE:

  • Criminal Justice and Courts Act 2015 – this Act creates several new offences, including disclosing private sexual photographs or films with intent to cause distress (“revenge porn”), jury misconduct offences (in the Juries Act 1974), and the corrupt or other improper exercise of police powers and privileges (Chap. 31). It also amends the Prosecution of Offences Act 1985 to introduce the controversial criminal courts charge (Chap. 6), alters sentencing powers for certain serious offences, and makes a host of other amendments relating to criminal justice, all covered in the new edition.
  • Modern Slavery Act 2015 – this substantial new Act (see Chap. 19) includes the consolidation of the existing offences of slavery and human trafficking, an increase in the penalties for those offences, and the introduction of a statutory defence for slavery or trafficking victims compelled to commit criminal offences and new civil “slavery and trafficking prevention and risk” orders. Prosecution of the new offences is likely to become commonplace, rendering the Act of central importance for law enforcement and the courts.
  • Serious Crime Act 2015 – another wide-ranging Act which creates several new offences, including a hacking offence (in the Computer Misuse Act 1990), participating in the criminal activities of an organised crime group, sexual communication with a child (in the Sexual Offences Act 2003), possession of a paedophile manual, and controlling or coercive behaviour in intimate or family relationships. Among the numerous amendments to existing legislation covered in the latest edition, significant changes are made to the Female Genital Mutilation Act 2003 and the confiscation regime.
  • Criminal Procedure Rules 2015 – together with reissued Criminal Practice Directions (set out in Appendix B), both now substantially reorganised and amended.
  • Criminal Legal Aid (Remuneration) Regulations – important amendments to the 2013 regulations covered in Appendix G.

Subjects:
Criminal Law, Courts and Procedure
Contents:

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STATUTES

Counter-Terrorism and Security Act 2015
Criminal Justice and Courts Act 2015
Deregulation Act 2015
Modern Slavery Act 2015
Serious Crime Act 2015

STATUTORY INSTRUMENTS:

Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
7, Saving and Transitional Provisions) Order 2014 (S.I.
2014 No.
2590)
Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I.
2014 No.
2754)
Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
8, Saving and Transitional Provisions) Order 2015 (S.I.
2015 No.
373)
Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I.
2015 No.
1416)
Coroners and Justice Act 2009 (Commencement No.
17) Order 2015 (S.I.
2015 No.
819)
Costs in Criminal Cases (General) (Amendment) Regulations 2015 (S.I.
2015 No.
12) (§ 6-81)
Crime and Courts Act 2013 (Commencement No.
13 and Savings) Order 2015 (S.I.
2015 No.
964)
Criminal Justice and Courts Act 2015 (Commencement No.
1, Saving and Transitional Provisions) Order 2015 (S.I.
2015 No.
778)
Criminal Justice and Data Protection (Protocol No.
36) Regulations 2014 (S.I.
2014 No.
3141)
Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I.
2014 No.
3300)
Criminal Justice (Specified Class B Drugs) Order 2015 (S.I.
2015 No.
9)
Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2015 (S.I.
2015 No.
710)
Criminal Legal Aid (General) (Amendment) Regulations 2015 (S.I.
2015 No.
326)
Criminal Legal Aid (Remuneration) (Amendment) (No.
2) Regulations 2014 (S.I.
2014 No.
2422)
Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I.
2015 No.
1369)
Criminal Procedure Rules 2015 (S.I.
2015 No.
1490)
Deregulation Act 2015 (Commencement No.
1 and Transitional and Saving Provisions) Order 2015 (S.I.
2015 No.
994)
Drug Driving (Specified Limits) (England and Wales) Regulations 2014 (S.I.
2014 No.
2868)
Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I.
2015 No.
838)
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No.
11) Order 2015 (S.I.
2015 No.
504)
Misuse of Drugs Act 1971 (Amendment) Order 2015 (S.I.
2015 No.
2015)
Misuse of Drugs Act 1971 (Amendment) (No.
2) Order 2015 (S.I.
2015 No.
3271)
Modern Slavery Act 2015 (Commencement No.
1, Saving and Transitional Provisions) Regulations 2015 (S.I.
2015 No.
1476)
Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I.
2015 No.
1472)
Money Laundering (Amendment) Regulations 2015 (S.I.
2015 No.
11)
Offender Rehabilitation Act 2014 (Commencement No.
2) Order 2015 (S.I.
2015 No.
40)
Police and Criminal Evidence Act 1984 (Remote Reviews of Detention) Regulations 2014 (S.I.
2014 No.
3279)
Policing and Crime Act 2009 (Commencement No.
10, Transitional Provision and Savings) Order 2015 (S.I.
2015 No.
983)
Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I.
2015 No.
796)
Protection of Freedoms Act 2012 (Code of Practice for Powers of Entry and Description of Relevant Persons) Order 2015 (S.I.
2015 No.
240)
Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2014 (S.I.
2014 No.
3119)
Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2014 (S.I.
2014 No.
3103)
Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I.
2015 No.
868)
Road Safety Act 2006 (Commencement No.
11 and Transitional Provisions) Order 2015 (S.I.
2015 No.
560)
Serious Crime Act 2015 (Commencement No.
1) Regulations 2015 (S.I.
2015 No.
820)
Serious Crime Act 2015 (Commencement No.
2) Regulations 2015 (S.I.
2015 No.
1428)
Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2015 (S.I.
2015 No.
55)
Youth Justice and Criminal Evidence Act 1999 (Commencement No.
14) (England and Wales) Order 2015 (S.I.
2015 No.
818)

PRACTICE DIRECTION:

The Criminal Practice Directions 2015
The Practice Direction (Costs in Criminal Proceedings) 2015

CODE OF PRACTICE:

Code A under the Police and Criminal Evidence Act 1984 (exercise by police officers of statutory powers of stop and search (2015 revision)

CASES:

Abuse of process, multiple prosecutions on the same facts, R. v. Antoine (Jordan)
Abuse of process, retention of exhibits, Clay v. South Cambridgeshire JJ.
Administering of poison, etc., so as to endanger life, unborn children, Criminal Injuries Compensation; Authority v. First-Tier Tribunal (Social Entitlement Chamber)
Advance indication of sentence, R. v. Martin
Alteration of sentence, mental health, R. v. Catchpole
Alternative verdicts, R. v. Vaughan
Appeal, bias, police officers as jurors, Armstrong v. U.K.
Appeal, conduct of counsel, R. v. McCook
Appeal, loss of time orders, R. v. Gray
Appeal to Court of Appeal, “criminal cause or matter”, R. (Panesar) v. Central Criminal Court
Bad character, defendants aged 20, R. v. Clark (Lucy)
Bad character, important matter in issue between defendant and co-defendant, R. v. Daly
Bad character, “reprehensible behaviour”, R. v. M.
Bad character, whether legitimate to go behind previous agreed basis of plea, R. v. Wynes
Case management, exclusion of evidence, ending prosecution, R. v. Boardman
Case management, prosecution failure to disclose evidence, abuse of process, R. v. S. (D.) and S. (T.)
Causing death by driving, foreign drivers, sentence, R. v. Fleury
Causing serious injury by dangerous driving, sentence, R. v. Buckle
Causing serious injury by dangerous driving, disqualification, R. v. Ellis
Closing speeches, unrepresented defendant, R. v. Cojan
Confessions without benefit of legal advice, compatibility with ECHR, Ibrahim v. U.K.
Community impact statements, R. v. Skelton
Compensation order, R. v. Carrington
Compensation order, together with confiscation order, R. v. Beaumont
Confiscation order, benefit, fresh proceedings, R. v. Chahal
Confiscation order, jointly held property, R. v. Dad (Amer Hussain), Dad (Nadeem) and Dad (Munsif)
Confiscation order, overseas property, R. v. Sheidu
Confiscation order, postponement, forfeiture order, R. v. Guraj
Confiscation order, proceedings in absence of the accused, R. v. Ali (Salah)
Confiscation order, valuation of benefit, R. v. Elsayed
Contempt, counsel, Re West (Ian Stuart) (a barrister)
Costs, “as a result of an unnecessary or improper act”, Evans v. Serious Fraud Office
Costs, award against third parties, R. v. Capita Translation and Interpreting Ltd
Costs, private prosecutions, R. v. Zinga (Costs) (Practice Note)
Costs, special preparation, R. v. French
Cross-examination, child or vulnerable witness, multi-handed trials, R. v. Jonas
Cross-examination, vulnerable witnesses, R. v. Lubemba, R. v. P. (J.)
Custody time limits, extension, R. (Campbell-Brown) v. Central Criminal Court
Diminished responsibility, uncontradicted medical evidence, R. v. Brennan
Disqualification from driving (non-motoring offences), R. v. Ketteridge
“Double jeopardy”, length of custodial sentence, Att.-Gen.’s Reference (No.
45 of 2014) (R. v. Afzal), R. v. Afzal and Malik
Drugs, supply, R. v. Martin and Brimecome
Drugs guideline, conspiracy offences, R. v. Khan
Drugs guideline, “skunk” offences, R. v. Dang
Encouraging or assisting suicide, compatibility with ECHR, Nicklinson v. U.K., Lamb v. U.K.
Expert evidence, mental state and I.Q., R. v. Jackson-Mason
Expert evidence, reliability of witness, R. v. H.
Explosives, sentence, attacks on ATMs, Att.-Gen.’s References (Nos 74 to 78 of 2014)
False imprisonment and kidnapping, sentence, Att.-Gen.’s References (Nos 92 and 93 of 2014) (R. v. Gibney)
Firearms, possession of prohibited weapons, concurrent or consecutive sentencing, R. v. Lewis and R. v. Gribbin
Firearms, special exemptions, R. v. Shahabi-Shack
Fitness to plead, “objective evidence”, R. v. Wells, R. v. Masud, R. v. Hone, R. v. Kail
Good character directions, R. v. Hunter (Nigel), R. v. Saruwu (Joseph), R. v. Johnstone (Ian), R. v. Walker (Alan), R. v. Lonsdale (Paul)
Guilty plea, first reasonable opportunity, amnesia, R. v. Creathorne
Hearsay, Horncastle v. U.K.
Hearsay, res gestae principle, Barnaby v. DPP
Hearsay, witness “cannot be found”, R. v. M.
Hospital and limitation directions, R. v. Poole
Hospital orders, R. v. Vowles
Human rights, respect for private and family life, terrorism, port and border control, Beghal v. DPP (Secretary of State for the Home Department intervening)
Human rights, retention of personal data, R. (Catt) v. Association of Chief Police Officers of England, Wales and Northern Ireland (Equality and Human Rights Commission intervening), R. (T.) v. Commr of Police of the Metropolis (Secretary of State for the Home Department intervening)
Indecent images of children, dangerous offender provisions, R. v. Cheshire
Indictment, defects, R. v. Clarke (Dean)
Indictment, duplicity, R. v. A.
Inferences, failure to give evidence, R. v. Rafik
Inferences, silence following legal advice, R. v. Sakyi
Legal aid for witness opposing issue of witness summons, M. v. Director of Legal Aid Casework
Live link directions, defendant, R. v. Rahman
Manslaughter, R. v. F. (J.) and E. (N.)
Misconduct in public office, R. v. A.B.C., E.F.G. and I.J.K., R. v. Sabey
Mode of trial, child or young person, R. (DPP) v. South Tyneside Youth Court
Money laundering, meaning of “criminal property”, R. v. G.H.
Murder, loss of control, R. v. Gurpinar, R. v. Kojo-Smith and Caton
Murder, whole-life terms, R. v. Reynolds (Jamie), R. v. Rosser (Anwar)
Murder, whole-life terms, compatibility with ECHR, Hutchinson v. U.K.
Plea of guilty, change of basis after prosecution error, R. v. Bergin
Reduction in litigators’ fees, R. (London Criminal Courts Solicitors’ Association and Criminal Law Solicitors’ Association) v. Lord Chancellor
Reporting restrictions, right to fair trial, R. (Wang Yam) v. Central Criminal Court
Retrial, following two jury disagreements, R. v. Burton
Search warrant, disclosure, R. (Mills and Mills) v. Sussex Police and Southwark Crown Court
Search warrant, serious breaches, R. (Chatwani) v. National Crime Agency and Birmingham Magistrates’ Court
Sentence, advance indication, Att.-Gen.’s Reference (No.
85 of 2014) (R. v. A.)
Sentence, bail, time spent subject to curfew, R. v. Thorsby, R. v. Glasson, R. v. Pilkington, R. v. Robinson
Sentence, discount for guilty plea, R. v. Claydon
Sentence, guideline on bail offences, sentencing outside recommended range, R. v. Armaselu
Sentence, guideline on burglary offences, multiple participants as an aggravating factor, R. v. Blaydes
Sentence, guideline on drug offences, conspiracy to supply, taking account of purity levels, R. v. Kelly
Sentence, guideline on drug offences, “street dealing” categorisation, R. v. Williams
Sentence, guideline on sexual offences, rehabilitation, alternatives to custody, R. v. Jones (David William)
Sentence, minimum term, “unjust”, R. v. Gallone
Sentence, minimum term, youthfulness, R. v. De Silva
Sentencing guidelines, mentally disordered offenders, R. v. Balogh
Sexual history evidence, R. v. All-Hilly
Sexual offences, historic cases, R. v. Clifford (Frank Maxwell)
Taxation, graduated fee scheme, pages of prosecution evidence, R. v. Dodd, R. v. Sana and R. v. Furniss
Taxation, graduated fee scheme, retrials, R. v. Connors
Theft guideline, interpretation of “vulnerable” victim, R. v. Sayed
Trial without jury, Misick v. The Queen
Voluntary bill of indictment, Serious Fraud Office v. Evans (No.
2)
Voluntary bill of indictment, costs, R. v. Evans (Eric) (No.
2), Serious Fraud Office v. Evans (No.
2)
Voluntary bill of indictment, costs, quantum, Evans v. Serious Fraud Office

Series: Archbold: Criminal Pleading, Evidence and Practice

Archbold: Criminal Pleading, Evidence and Practice 2017 Book & CD-ROM Pack ISBN 9780414059542
Published October 2016
Sweet & Maxwell Ltd
£712.00 + £47.40 VAT
Archbold: Criminal Pleading, Evidence and Practice 2016 ISBN 9780414050242
Published November 2015
Sweet & Maxwell Ltd
Out of print
Archbold: Criminal Pleading, Evidence and Practice 2016 (Book & eBook Pack) ISBN 9780414054455
Published November 2015
Sweet & Maxwell Ltd
Out of print
Archbold: Criminal Pleading, Evidence and Practice 2016 (eBook) ISBN 9780414054448
Published November 2015
Sweet & Maxwell Ltd
Out of print
Archbold: Criminal Pleading, Evidence and Practice 2016 Standalone CD-ROM ISBN 9780414054394
Published November 2015
Sweet & Maxwell Ltd
Out of print