Written and recorded by Colin Beaumont, Barrister and Lecturer
Hello and welcome to this data law on presentation. It's one of those 20 minute by size Webinars. This born concerns legislation update My name is calling Beaumont. I retired solicitor. I've gone back to the bar and Emma Barry stuff, but I know practicing. I spent a large part of yesterday trolling through a lot of statutory instruments toe find things of interest in relation to legislation update. I suppose we should be grateful that the politicians are leaving us well alone. Of course, they got their minds on bigger matters like Brexit. We haven't had a blank ship Criminal Justice Act for a long time now. So let's just have a look shell way at the things that we do have. And we'll deal with points wanted to first when New act of Parliament assaults on emergency workers. I think this is that 2000 and 18 came into force on the 12th of November 2000 and 18. Common assault and battery are now to be on either way or I way with 12 months on conviction on indictment it committed against an emergency worker. Still six months, of course, in the magistrate. Cool. They'd be confused by the fact that he says 12 months in the act, of course, 12 months on summary conviction is a reference to the enhanced powers for Magistrates that it could came in the Criminal Justice Act 2003. But those enhanced powers have never Bean brought Interpol's. So it's six months in the mansion straight called 12 months on indictment after Yeah, clearly it's called by the act. The assault is called by the act. If the person was carrying out their functions as an emergency worker at a time when they would know at work, that's what has times when they all work. The support is to cover the situation of police officers who were never really off duty. It may be that Section 20 malicious wounding has been charged or Section 47 assault occasioning actual bodily harm. Well, it that is the job large. This piece of legislation makes clear that the fact that it was committed against an emergency worker is to be taken as an aggravating factor when that's being true for quite some time. I'm not sure we needed legislation to drive that particular point home, and, as far as the meaning have an emergency worker, but there's a full list of them in section three and the usual people that you would expect to be there are there. And you bought constables. You've got people working for the National Health Service, you firebird. You got people carrying out their duties in terms of transporting offenders for young offender institutes to call back people generally involved in the Transportacion prisoners. And there are others mentioned. Where do you have a look at Section three? It is a very sure piece of legislation that will take you about five minutes to on on the next slide points 3 to 4, I mention at 40.3, the two static re instruments that have bean made by the Lord Chancellor under last spoke the legal aid Sentencing on Punishment of Offenders Act 2000 and 12 whole new ski even for the building of Crown call advocacy were, Gosh, if you're in any way responsible, the bidding of Crown cool work you do need to get your head around the new scheme That's all set out for you in statutory instrument 2000 and 18 number 220. The fees were increased, but work done on over after the 31st of December 2000 and 18 and that's why we have statutory Instrument 2000 and 18. Number 13 23 0.4. Statutory instrument 2000 and 18 number 447 was the sexual adventures at 2003 Prescribe piece stations England and Wales Order of 2000 and 18 came into force in April. Last year. Lists all the relevant police stations regarding notification requirements for relevant offenders which we collectively toe color Quito The sex offenders register Do we know? I'm show you where the position Amethi defendant is convicted at a court of a shed. You three events shed you three of the Criminal Justice Act 2003 that dependent upon the disposal that's being given, He or she may have to report to one of those police stations within three days in order to give the peace notification of the relevant details that are required by Part two of the Sexual Offences Act 2003 Do please familiarize yourselves with check you three because if you look at the offenses in some detail within shed you three you will see that notification you zone you required. If a particular type of disposal is made AK or there are some disposals or example, a community centers off less than 12 months, which, in relation to certain events is do no trigger the notification. Well, quiet Ailes that'll Furthermore, you should have regard to Section 82 of the sexual offenses at 2003. Section 82 sets out the schedule in relation to the period of notification depended upon the disposal, Andi cautions at the B station are included. So do you have a look, please? You will see that if your youth client, 17 or below accepts a caution for a shake your three offense, he or she is likely tohave to notify for a period off 12 months. If your adult defender, 18 or over on accepts a caution for a sexual three offense, he or she will have to notify for 24 months on. The notification, of course, is by going to one of those police stations mentioned in those regulation. Ines and of course, he must do it. She must do it within three days. Otherwise, consequences will flow. Points 4 to 6 statutory instrument 2000 and 18 number 587. The Criminal Legally Amendment regulations of 2000 and 18 only really relevant. And if you're doing prison, nor if you do Chris and Law, you will know that legal A has bean reintroduced in relation to certain areas or prison, nor on one of the areas is in relation to reviews of the individuals classification as a restricted status inmate, all restricted status prisoner. You may not have come across those terms before. Those prisoners are the sort of prisoners for who, if they were to escape, that would cause the state serious. Embarrassed 0.6 Statutory Smith 2018 Number 733. The Cohen Is Injustice Act 2000 and nine Commencement number 18. What did it do? What it extended to Scotland, that which we already had in England, Wales in relation to the amended section 35 day on 35 B of the Road Traffic Offenders Act 1980. I spent a couple of minutes on those sections. If I may, they are problematic. We know they're problematic because we're getting case law on the subject. They know intellectually difficult. You just have to take it one step at a time. Yeah, Section 35 day his man tree. The court has to do it. What did they say? It says where the court is imposing a term of custom Onda disqualification from driving for the same offense, the court must extend the period of disqualification to cover the incarceration period. In other words, the offender is to do my no benefit from the fact that he is a serving prisoner. I'll give you a short example. Five. Imagine. The district judge has just imposed four months imprisonment through an offensive, driving whilst disqualified on and wants to disqualify 12 months. The pronouncement must be This is a 12 months disqualification with a two month extension making the disqualification 14 months. That 40 months ban starts today. You don't really have to concern yourselves with the 1st 2 months of the ban, because if you just being locked up for four months, you're going to be inside for the 1st 2 months of the bank, you can see what the purport of the section is, can't you? It is that the term of 12 months should only begin to bite upon release from that form and centers at the two month pain. But don't get me wrong. The disqualification starts off the date of its pronouncement. That's why it's extended for two months, making a 14 month back, then Friday, 35 be slightly more complicated on 35 bees. Discretionary. Let me give an example of 35 years of a Crown Court example shall way. Imagine the justice. The judge has just imposed a two year term of imprisonment for dangerous driving and want to ban also for two years. That's not a problem. You got a two year ban with an extension of a year. This is a three year ban starting today, you worry about the first year of that three year ban because, of course, you'll be in Saami having just being locked up. But you years, I hope you're with me. So far, the judge thing, in addition to that two year term of imprisonment, wants to impose four years consecutively for a B H, a non driving events. You can see now that the two years has Bean added to the foreign, is making a six year sentence. The halfway point of a six year sentence is three years the extension of one year, isn't he now? It won't get him to the halfway point of a six year sentence, so the judge could just he disqualification by a further two years. This is now a disqualification that has both an extension andan adjustment. Totally three years would you to be added to the two year ban. So the disqualification is one off five years starting today. But don't worry about the 1st 3 years of that five year ban because you're just being given a six year sentence of imprisonment. You're going to be inside for three years. That's clear Station 35 K and 35 feet 35 b is discretionary. The judge has a choice as to whether or not to wear just the sentence or the disqualification by a further two years. And, of course, the trick if it is a trip, is for the advocate to seek to persuade the judge know to make the adjustment. That means, of course, that the disqualification kicks in in the sense off. He's beginning to serve the term of the disqualification whilst still inside. But don't get me wrong. The disqualification started on the date of its pronounced 0.79. What 0.7 is about the easy one, a statutory instrument there in urging you to new codes of practice that were revised August 2000 and 18. Piece pp's do make sure that you're working from an up to date set in the case of a good way of finding out what the amendments were is to get hold the statutory instrument legislation Doctor Dr K. All of the statutory instruments available on that picket website have a look at the explanatory note at the end of the statically instrument. It will tell you how those codes of practice have bean. Ditto really for statutory instrument eight for seventh of 2000 and 80. This, of course, is the criminal Procedure Amendment number two Rules of 2000 and 18 came into force First of October 2000 and 18 on the next statutory instrument. Of course, the amended criminal procedure rose 2000 and 19 again with you know what we've got The criminal procedure rules 2015 and they are amended in April each year and they are amended in October each year. So you have the October 2000 and 18 amendments to the rules. You also happy amendments that will come into force on the first of April this year where you will if you get hold of those two statically instruments. I think it's important that you have a fully up today set of the criminal procedure balls on a fully up to date set of the criminal practice directions. History judges and Crown Court judges are very hot on the rules and they're very hot on the criminal practice. Directions. Appoints nine in 10 statue commencement 2019 Number 68 The anti social behavior Crime in Piecing Act amendment pulled up. 2019 came into force in February this year. Adds to the list of persons and organisations who could go along to the county court on make an application or as B and antisocial behavior injunction. He's a dealt with at the county cold. If ever you're called upon to deal with one, you will see that there are fixed fees payable for dealing with these on her Brea Cher's on. If they're admitted, if they're denied again, there are fees payable. They're all set out in statutory instrument. 313313 2000 and 16 Do have a look, Please. As biz, you could do them under your contract that the county court both the initial application on the bridge If you're in doubt As to the funding, Derek is statutory instrument 313 of 2016 0.10. Where that you are. We've had a couple of new drugs classified his Class C or the Misuse of Drugs Act 1970 Warn gabapentin tin on Praga Barley points 11 and 12. Static basement 2000 and 18. Number 12 87 Last SPOe Not much really. In the commencement order itself. Dis commencement order number 13 relevant. Really? In that At the back of it, you've got a very useful Hsieh jewel of all the previous commencement orders under last bow on the dates upon which they came into force. Useful if ever you're seeking to argue, perhaps that the relevant provisions is not yet in falls. No. All of last bo has been brought into force. And finally, the vehicles construction use amendment regulations which came into force in June last year at one note in contravention of regulation 110 using a hand held mobile phone or other interactive device. If you're using said you devise to before remote control well, they are. That is the pick of the bunch in terms of statutory instruments from 2000 and 18 on the one piece of legislation. Time's up. So thank you on behalf of data law for watching this particular weapon up and listening to May help you find your still look forward to your company again in the near future. Thank you.
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