Hello and welcome to this webinar on behalf of data law. My name is Colin Beaumont. This webinar will consist of 20 slides and there will be four bullet points per slide Legislation Update 2022. So let's go to the first slide Slide one of 20 The Criminal Justice Act 2003, # 33. Wow 33. This statutory instrument effectively brought into four. Section 282 of the Criminal Justice Act 2003. 2 May 2022 We know, don't we? That section 282 of the 2003 Act Was the section regarding the increased powers of a magistrate court whereby they could impose 12 months for one offense either way rather than six months. Well, of course, as a result of Section 13 of the Judicial Review and Courts Act 2022. This section 282 has effectively now come into force. Second of May, I'm not quite sure what the inter relationship is between that statutory instrument commencement number 33 section 13 of the Judicial review and courts act, but It matters not the substance of it all of course, is that the magistrate court now has the power to impose 12 months for an either way offense rather than six. Section 2824 provides that only offenses committed after the provisions are affected by this increase in powers. So It's now what late May 2022 important isn't it that you appreciate that the new enhanced powers only relate to offenses committed on or after the second of men. Can I just say at this point that the Judicial review and courts act is an important piece of legislation. I shall touch upon it as part of this hour long presentation today. It received royal assent on the 28th of april And effectively it consists of some 52 sections and five schedules 52 sections and five schedules Section 51 is the important section because that effectively is the commencement provision sections and it outlines those sections which came into force came into force when the when the Act received Royal Assent. Also, if you look at section 51 it will tell you that other provisions come into force two months after the act is passed. Well, it received royal assent on the 28th of april. So we're talking about provisions coming into force late june of this year. It's very new. It's only just become available on the website. So please, could I urge you to visit the website legislation dot gov dot UK And to download the Judicial Review and Courts Act 2022. It does make important amendments to criminal law. Leaving aside judicial review, you might not be interested in judicial review at all. There's a lot more in this piece of legislation than judicial review. And whilst we're on the topic of important legislation like to The Police Crime Sentencing and Corpse Act 2022 became an act of Parliament Received Royal Assent. 28 April the act only became available on the internet On 11 May. So very very, very recently there's a statutory instrument so far in terms of provisions that were brought into force Statutory Instrument. 2022, Number 520 Biggest than the Judicial Review and Courts Act. This one has 209 sections and 21 schedules. The act will make some pretty important amendments insofar as criminal law is concerned and I'm going to consider some of them in the final slides of this presentation. The only way to keep track of the act is to watch out for the statutory instruments. So again, a second plea may I urge you please to go onto the website legislation dot gov dot UK and to download a copy of this piece of legislation and the one statutory instrument that's available so far. I do have this statutory instrument in front of May 2022, number 528 and it details the provisions that came into force on 12 May. Also a whole raft of provisions coming into force on 28 May or rather 28 June. also provisions coming into force on 29 June and also on one August So it is a need to know need to know. Please visit the website, download the act, download that one statutory instrument and keep your eye on the other statutory instruments that will be coming our way. Please. This piece of legislation a bit like the judicial review and courts at 2022 will be brought into false on a piecemeal basis by statutory instruments, flight free, The Offensive Weapons Act of 2019 statutory instrument 2021 number 189. The Offensive Weapons Act 2019, commencement number one Regulations 2021 Came to Force 14 July this year. You probably aware of the amendments that were made, it brought into force, those sections of the Offensive Weapons Act 2090 prohibiting the possession of certain offensive weapons in private subject to various defenses available. The weapons are those listed in Section 141 of the Criminal Justice Act, 1988, we have an order, it's the Criminal Justice Act, 1988. Offensive Weapons order, 1988 statutory instrument, 1988 number 2019. A very important statutory instrument for criminal practitioners. You really need to visit the website legislation dot co dot UK and to download that particular statutory instrument, you'll need to know which weapons are covered by. There's a whole raft of weapons covered by it. I just give you some examples there on slide three, a knuckle duster, a sword stick, a zombie knife that has a cutting edge that has a serrated edge and that has images or words suggesting that it be used for the purposes of violence either on the blade itself or on the handle of the blade. So pretty specific that, isn't it? I know a colleague of mine was caught out the other day as she was representing a client at the police station stage. It was the usual story. The police had executed a search warrant in relation to drugs and they found this zombie knife Which unfortunately kicked all of the boxes on the Criminal Justice Act, 1998 Criminal Justice Act 1988, offensive weapons order and was therefore something that the client could no longer possess in private. Well, it certainly came as news to the client and it came as a bit of a shock to the solicitor as well, dealing with the case at the police station stage. You hadn't fully realized the amendments that came into force on 14 July 14 of July 2021. Set if you're out there advising clients at the station stage, there's a need to know all about that equally. If you're advising them in your capacity as advocate at court, Magistrates court or Crown Court for that matter. Slide four, The very latest on the Offensive Weapons Act 2019. It now being 2022, a statutory instrument 2022 Number 418, The Offensive Weapons Act 2019 Commencement # two, and Saving Provisions Regulations 2022. Certain provisions of the act were brought into force on six April this year 2022. The offense is now an offense to deliver related products to persons under the age of 18, Or to deliver those products to residential premises is knowing that they are going to fall into the hands of someone under the age of 18. It's an offense to sell corrosive products. This is in response to these acid attacks, isn't it? It's an offense to sell corrosive products to a person under the age of 18, Or where the sale is made remotely to deliver a corrosive product to residential premises. With with a view to it coming into the hands of someone under the age of 18, the stop and search powers under pace have been increased to cover searching people for corrosive products. There was also in the Act, a prohibition on the sale of offensive weapons to persons under the age of 18. So please another very important statutory instrument. Do please download it and keep it on your smartphone tablet, whatever it is you use these days to store information Still on the Offensive Weapons Act 2019 offenses of threatening someone with an offensive weapon in a public place where we've had that for some time or on further education premises or in a private place. Can you see how this legislation? There's a drift away from public places to private places. There's the power of a constable to enter and search school or further education premises in order to look for such items. There's a power of arrest if an officer has reasonable grounds for suspecting the events of threatening someone with a corrosive substance is being or has been committed. The Offensive Weapons Act 2019. I can tell you now. It's very big on corrosive substances slide six. Don't Lose Sight Please of the Sentencing Act 2020. We know, don't we, that it came into force on one December 2020 and is relevant for anyone sentenced on or after that date, one December 2020. It has no relevance at all for anyone where the conviction predates one December 2020. But let's face it, it's now May 2022. And so I would have thought there were going to be very few clients crossing your paths where the conviction was prior to one December 2020. The very latest commencement order statutory instrument 2022 Number 145, The sentencing act 2020 commencement number one, England Wales Regulations 2022. These regulations, if you read them and I know that they're a bit dry, but it's a need to know, need to know, isn't it? These regulations brought into force paragraphs 81- 83 have scheduled 22 to the Sentencing Act 2020. You may or may not already be aware that the sentencing act has something like 420 sections And 29 schedules. It's a bit of a monster Schedule. there are certain paragraphs in force six April this year, paragraph 81 minimum sentences Not only for the possession of certain firearms contained in that schedule to the firearms at 1968. Well, we've had that for a long time. Now, minimum sentences for purchasing or acquiring those firearms As you know, minimum three years for someone age 16 or 17 on the commission. Date of the events, Minimum five years for someone aged 18 or over. Unless of course there are exceptional circumstances. And we know from case law, don't we? Because we get enough of it that there were very few circumstances according to the court of appeal, which would amount to exception circumstances whereby the judge should depart from the mandatory minimum sentence. These sentences, as we know, only available from a crown judge, paragraph 82 minimum centers for repeat offense involving weapon or bladed article is extended to a repeat offense, minimum sentence for having a corrosive substance in a public place. We know going of the two strikes, two strikes and you're out second time possession of an offensive weapon, knife, or bladed article Whereby someone aged 18 or over would be looking at a mandatory minimum sentence of six months. Someone aged 17 below would be looking at a mandatory minimum sentence of a four-month detention and training order, Two strikes and you're out extended there. You'll see with paragraph 82 to your second time possession of a corrosive substance in a public place. Flight seven Dangerous drugs, what's new in relation to drugs Statutory Instrument 22 22. Number 3- two. The Misuse of Drugs Act 1971. Amendment Order 2022 came into force 13 April this year, Makes amendments to schedule to to the misuse of Drugs Act 1971 G. H. B. G. B. L. And one four hyphen B. D. Collectively known as G. H. B. R. S. Reclassified so as to make them Class B. Drugs, you may know what they are. I have no idea what they are but apparently G. H. B. R. S. Has or have been used to facilitate serious crime including murder, rape, sexual assault, and robbery and that's why it's been decided that they should be reclassified as Class B. Drugs flight eight, video recorded cross examination and re examination, statutory instrument 2022 number 456. The Youth Justice and Criminal evidence Act 1999 commencement number 23 Order of 2022. We know, don't we? These commencement audience are extending video recorded cross examination and re examination to various crown corpse throughout England Section 28 of the act itself of course allows for the video recording of cross examination and examination in chief in advance of the trial. We've had examination in chief for some while the extension of course is now to cross examination and re examination in advance of the trial. Topper Came into force 31 March, 2022, April and 11 April in the relevant proceedings in the various crown courts that are listed within that statutory instrument and you know, go to that these witnesses are eligible for such assistance whereby there the whole of their evidence effectively can be video recorded in advance of the trial. By virtue of section 74 of the act, we're talking complainants in respect to the sexual offense or modern slavery offense who are witnesses in the proceedings Slide nine. Well, if you ever tempted to usual mobile phone was driving now is the time to stop Statutory Instrument. 2022 number 81. The road vehicles, construction and use amendment number two regulations of 2022, Enforce 25 March. Issue these regulations and we expected them, didn't we? These regulations amend regulation 110 of the road vehicles construction in use regulations 1983 and we knew we were going to have amendments as a result of the high court decision of Pareto. Remember Mr Barreto, he was the person filming the accident on his mobile phone as he drove past it. The magistrate convicted him deciding that that was using the mobile phone for interactive communication purpose. He successfully appealed that conviction to the crown called where the court review that that wasn't Using the device for an interactive communication purpose. And he therefore did not fall foul of Regulation 110. The DPP was not impressed with that Crown Court decision and took the matter to the High Court and the High Court agreed with the Crown Court judge that that behavior complained of Did not fall foul of regulation 110 the 1986 regulations, as you know, prohibit the use while driving a motor vehicle of handheld mobile telephones or other interactive communication devices. And the amendment is quite a substantial amendment removing the requirement that the driver is using the mobile telephone or interactive communication device to perform an interactive communication function. So You fall found out of regulation 110 if you simply have that mobile phone in your hand unless you are using it for one of the permitted purposes. And if you don't know what the permitted purposes are, might I suggest you get hold of statutory instrument 2022 # 81 and have a look at them. They are listed in the statutory instrument. What does it carry? Well, it's six penalty points, isn't it? I think it's also £1000 as a fine. Something like that. Maximum £1000. But it's more points, isn't it? Gosh, two of those and your daughter and your risk of being disqualified for minimum period of six months flight 10, The domestic abuse Act 2021 again, a piece of legislation being brought into force on a piecemeal basis by statutory instant. The latest we have on this statutory system in 2022. Number 73. The domestic abuse at 2021, Commencement # three Regulations of 2020. These regulations brought into four, Section three insofar as it was not already enforced on the 31st of january 2022. Section three makes provision in relation to Children as being the victims of domestic abuse. It's an important piece of legislation, isn't it? And that's why I flagged up for you the previous statutory instruments that have already brought into force, important sections of the domestic abuse at 2021. It's also true, isn't it? That important sections were brought into force when the act received royal said it is a need to know need to know, isn't it? Please do visit website legislation dot co dot UK if you haven't already done so, would you please download the domestic abuse at 2021 the three statutory instruments that we currently have in force. You do need to know about such things as the extension of the crime of revenge for one. Effectively, it now covers threats to disclose intimate photographs or recordings before. Of course the offense was in relation to the doing of the act, disclosing those things. It's been extended to cover threats. We also know we that you cannot argue as a defense, that the person consented that the person consented in relation to in relation to sexual activities if that person suffers serious harm as a result of what you did well, we know that that was the case anyway, from the case of the Court of Appeal decision in Brown. The consent is no defense if the other person suffers serious harm, but it's all there in the domestic abuse and 2021 what we're waiting for. We don't have a commencement order on it yet. What we're waiting for the sections bring into force the domestic abuse protection notices, which will replace the domestic violence protection notices and of course, the domestic abuse protection orders which will replace the domestic violence protection orders, those orders and notices not in force as at May 2022. Slide 11 The Criminal Procedure Amendment Rules of 2022 statutory instrument 2022. Number 45. The Criminal procedure Amendment Rules of 2022 came into force on the fourth of april 2022. We know, don't we? We've had the The Criminal procedure Rules 2020 and we have various amendments to those fools. We normally get amendments in the april in the spring and we also get amendments in the autumn. What I've given you there are the this spring 22 amendments to the 2020 rules Important amendments to roll nine goal 9.15 is explicitly is added explicitly to require an opinion by a magistrate court, which opinion affects crown court sentencing powers and if you don't understand that particular bullet point, it's um it's probably best understood in the context of the next bullet point. Be aware of the committal for sentence sections under the Sentencing Act of 2020. Those sections been sections 14 through to 24. If sections 18 and 21 come into play And they relate to adults or sections 19 and 22 come into play and those sections relate to the committal for sentence for youth. It may well be that the judges powers are capped at Magistrates court sentencing powers C section 21 adults. Section 22 unions unless unless the Magistrates give some sort of an opinion and as I put them on the last bullet point, it can get a little complicated where the court is both sending an offender for trial on an either way offense and committing an offender for sentence on a related either way offense. If you're aware of those sections of the sentencing act, Sections 14 through 2 24 you will already have fathomed that depending upon which sections are used when the Magistrates both commit for trial and or rather send for trial and commit for sentence. The powers of the judge on the matter committed for sentence are wholly dependent upon what happens on the offense that was sent for trial, if he's acquitted or the matter sent for trial is discontinued. The judge may find that the sentencing powers on the matter that was committed for sentence. Are cat Magistrates sentencing powers unless unless the Magistrates give an opinion that they would not have sentenced on that matter. That was committed for sentence anyway. In other words, it's not being committed for sentence merely because he's being sent for trial anyway. It's not a tidying up exercise. This is an offense which the magistrate would not have sentenced anyway and if they give that opinion in open court then the judges powers are not capped at the Crown Court on the matter that was committed for sentence regardless of what happens to the matter. That was sent for trial. Not easy. You just need to be aware of the interrelationship between sections 18 and 21, Adults and sections 19 and 22 youths. They are not the easiest sections in the world to navigate flight 12, here we are. The Judicial review and Courts act 2022. This is hot off the press royal assent. Given 28th of april 2022 the act only became available on the internet a few days ago please get it legislation dot gov dot UK. Section 51 deals with the commencements. The act has 52 sections and five schedules. I'm just going to give you if I may some important things that you need to be aware of concerning the act. I'm not necessarily saying that any of these are enforced. Please have a look at section 51, it will set out which things come into force when First bullet point there on slide 12 12 enable 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 without any need for anyone to attend that first hearing in the Magistrates court indication of plea engaging with the procedure to establish the most suitable venue to allocate the case for trial with either way offenses to be done inviting without any need for parties to attend that first hearing in the magistrate court C Sections 6 to 8 of the act enabling Magistrates to decide the most suitable venue for trial in a defendant's absence where they failed to attend the court without a good reason C Section nine of the Act. Can you see how this piece of legislation brings about some fairly fairly important procedural amendments to the practice and procedure of how things are done in the Magistrates court slide 13, Section 11 of the New Act. This is in force. It inserts 46 z. A Into the senior courts at 1981. It allows the crown called in certain circumstances to remit a matter that was sent for trial from the magistrate to the crown call back to the Magistrates court. There's never been a power before sexual 11 for a crown court judge to consider doing that. It can't happen if the offense is indictable. Only. Obviously not Magistrates have no power to deal with offenses. The where the fences. Either way, The consent of the defendant must be obtained if the defendant is 18 or over and rightly so clearly if he or she has elected Crown Court jury trial, the consent would be required from the defendant if he or she has a change of heart and therefore decides that the better option is to have their trial in the Magistrates court. The defendant's right to elect trial by jury is unaffected by all of this. And clearly if he or she does not give their consent to the matter being remitted to the Magistrates, then the matter will remain in the crown court and the trial would be before a judge and do. There's no requirement for the defending to consent to the court remitting a summary only offense to the magistrate court interesting. So if the indictment is carved up such that there are only summary offenses left, it would appear and the act could be a little clearer, but it would appear from my first reading that the judicial review of court sat 2022 seems to give the crown court judge of power to remit summary matters back to the Magistrates called for trial rather than merely for sentence. So no jury trial day slide 14 continuing with the act, we have a new section 46 Z. A four of the senior courts at 1981 requiring the crown call to consider whether to send a person under 18 who appears before the crown called back to the magistrate court. That presumably is to cover circumstances in which the Magistrates have for one reason or another decided that the case ought to go to the crown court and the crown court take the view. No, this is not our type of case at all. We're going to send you back to the Youth Court for your case to be dealt with. Section 46 Z87 States that there's no right of an appeal against an order. May you lead by a crown court judge to send you back to the Youth Court. Section 11 of the Sentencing Act 2020 inserts a new section 25 A into the act or sentencing code if you prefer code rather than act. This is the power to remit an adult offender to a magistrate court for sentence. Clearly, the Grand Court judge deciding that sentencing should take place in the adult Magistrates court rather than the crown court still dealing with that issue. Site 15 tells us that the power to remit can only be exercised were a person has attained the age of 18. The individual has either been convicted of an offense by Magistrates court and committed to the Crown Court for sentence or has been committed, convicted of an offense by the crown, called following a plea of guilty. And in both of those two instances, the Crown Court judge takes a view, I don't want to sentence on this particular case. It can be remitted to the Magistrates for the magistrate to consider sentencing in the case. There's no right of appeal against any of this. It would appear that the the judge's decision is final subject of course, to the discretion being exercised properly. Section 11 of the Judicial review and Courts Act 2022 inserts a new subsection two, A intersection 25 at the sentencing code. This provides for a dream, it'll to the Youth Court for sentencing. The sentencing code has always contained the power for a Crown Court judge to remit to the youth court for sentence. This power is going to be used. I would have thought where individuals aged 18 or over have been committed to the Crown Court for sentenced by the Magistrates and it later turns out that they are under 18, there 17, 17 or below. And in those circumstances, the Crown Court Church can say, well, the appropriate place for you to be sentenced on the basis that you are a youth is a youth court and the judge ream it's that person to the Youth Court for sentence. Some of this, you know, is a tidying up exercise, isn't it clarifying the powers of the crown called judge as to what he or she can do in terms of re Mittal's to the Magistrates court from the Crown Court Flight 17. And we come to the police crime Sentencing and Corpse Act 2022. Boy. The scent 28 of April statutory instrument 2022. Number 520 The Police Crime Sentencing and Courts Act 2020 Commencement # one and Transitional Provisions Regulations 2022. This is the first commencement order in relation to this brand new piece of legislation. Royal Assent 28 April only just become available on the internet. Please do go onto the website legislation dot gov dot UK. Bit of a monster 209 sections 21 schedules section 45. Schedule 4, 13 pages in Schedule four important changes to pre charge bail, not the easiest to read. So I had a chance to read it the other day waded through. It would be a more accurate description. It seems to me that the amendment Within section 45 and scheduled for war and please don't assume that what I'm saying is in force. You have to look at the commencement order in order to see which sections were brought into force and when. But in relation to pre charge bail, it would appear that the amendments are will be That the officer convey a pre charge for a period of three months rather than the 28 days that we have at the moment. And furthermore that an officer not below the rank of superintendent could extend that three months pre charge bail up to an absolute maximum of nine months. I don't know will this mean that fewer clients are released under investigation and that more and more clients are being subject to pre charge bail. But in the sense that would be a good thing, At least we'll have a bail gate that we can put in our diaries and we can attend upon the client on the next occasion. So as and when the changes come into force, forget 28 days, the officer initially being able to pre charge bail for a period of three months thereafter, the superintendent being able to extend that three months up to an overall period of nine months. And should he or she breach the terms of their pre charge bail. Obviously they're liable for an arrest And they can be detained whilst the police decide what to do with them. And somewhat interestingly, Schedule four says that the first three hours of their detention shall not count towards the maximum period of detention for which a person may be detained prior to charge under section 41. So even though they're languishing in the cells because they've been arrested for being in breach of their pre charge bail, they do not have the protection of the detention clock under section 41 because it's not ticking, interesting that sort of leapt out at me when I waded through schedule for we have an increase in the penalty for assault on an emergency worker. It will be two years on indictment rather than 12 months C Section two of the act. A new offense and we knew this was coming. A new offense of causing serious injury by careless or inconsiderate driving effectively grievous bodily harm at proposed serious injury. It's an either way offense and carrying two years on indictment. Section 87 we've had careless driving for some considerable time and we've had causing death by careless driving under the influence of drink or drugs for some considerable time. We've now got causing serious injury by careless or inconsiderate driving. I say we now have, I can't impress upon you that you do need to check the statutory instrument. 2022, number 520 in relation to commencement dates of the provisions within this new act. Much of what I'm talking about today, It being May 2022 is not yet in force and will be brought into force on a piecemeal basis by statutory instruments. Slide 18 Upon death by dangerous driving or careless driving when under the influence of drink or drugs. Well, we knew this was coming our way formally, those offenses carried a maximum of 14 years on indictment. Both offenses now carry life or will as and when section 86 is in force. You're also going to have to get your heads around completely new concepts of diversionary and community cautions, which will replace the current cautioning regime at the station. Sections 98 through 221 well worth a read. Some very interesting some very interesting points there as to what can be put within these cautions and you'll be shocked at how much can be put within these cautions and the powers available to the police upon reach. This is an important point increase in the requisite custodial period for certain violent or sexual offenders that you may or may not know that. The law was amended on one April 2020 whereby certain offenders at the Crown Court given seven years or more for offenses on Schedule 18 of the Sentencing Act. The Violent or sexual specified offenses on Schedule 18. Those offenders given seven years or more are now required to serve two thirds of their sentence before being released. They don't have to apply to the parole ball for release or anything like that, but they're not released at the halfway stage. They have to do 2/3 If it's one of those specified specified offenses on schedule 18, that would otherwise carry life imprisonment like rape If you get 12 years for rape. Now Crown Court, you're not really start to six, You have to do 8/2 3rd of 12 years. This new piece of legislation increases the requisite custodial period for offenders given four years or more formally seven years now, four years or more. And we have new offenses added for which the law applies. Please do see section 130 of the act. And Schedule 15 also increase in the requisite custodial period for certain other offenders, offenders of particular concern. These now having to apply to the parole board for release at the two third stage rather than the halfway stage as And when Section 131 comes into force, you might not know much about offenders of particular concern, but can I tell you that you need to be aware of Schedule six. Schedule six of the counter terrorism and sentencing act 2021. That schedule lists all of the offenses which would potentially make you an offender of particular concern. You don't have to bother with most of them because most of them are terrorist related. But you do have to have regard to those two sexual offenses that are tucked away within Schedule six. There are two of them rape of a child under 13, and penetration Of a child under 13. The net effect of them being offenders of particular concern is that these offenders can no longer be given an ordinary determinant sentence whereby they serve whatever period and are thereafter released. It isn't an option available to a judge. The sentence that these consists of a determinate sentence followed by an automatic one year license period over which there is no discretion. The law prior to the implementation of Section 131 is that these offenders are eligible to apply for release to the parole board once they've done a half of the determinant part of their sentence As and when Section 131 comes into force, they will only be able to apply for parole once they've done two thirds of the determinant part of their sentence. Remember in addition to the determinant part of their sentence, they will always be subject to a one year license period. Once the determinant part has elapsed, there is no discretion on the part of the crown called judge in this regard. Slide 19 again as and when it comes into four, section 150 community sentences, increasing maximum daily curfew hours and curfew requirements up from 16 hours in any given day to 20 hours, up from an overall maximum period of 12 months to an overall two years. Youth remands, making it slightly more difficult to get someone remanded into youth detention accommodation. A new test, very likely the child will be sentenced to a custodial sentence and if it isn't very likely the child will be sentenced to a custodial sentence than they should not be subject to. Youth detention accommodation. See section 157 detention and training orders discretion as to the length of the term at least four months, but not more than 24 months. In other words doing away with these chunks 468, 10, 12 18 24. They will go when section 158 comes into force minimum four months, No more than an overall 24. Wire is um the offense of wire is um is being extended to cover breastfeeding expansion of the offense. Section 48 came into force 28 June or will come into force 28th of June. Do please have a look at section 48 And finally slide 20 time limits for prosecution of common assault battery in domestic abuse cases. Section 49 came into force 28 June. This section effectively negate the need for the charge to be laid within six months of the commission data with the offense as issued in the case, isn't it? With summary only offenses under section 1 to 7 of the Magistrates courts at 1980 the new law says the complainant has made us witness statement or been interviewed and the video recording, made proceedings in those circumstances may be commenced at any time, which is both within two years from the date of the offense to which the proceedings relate. In other words, you could never charge outside of the two year period and within six months from the first date on which the witness made, a statement was interviewed and a video recording me will not apply Until section 49 is in force, but you know, they're from slide 20 That section 49 is coming into force on 28 June may already be in force at the time when you view this particular webinar and so it's going to be in the list, isn't it? Of those offenses to which section 1 to 7, albeit it's a summary offense does not apply. We know, don't we? For example, the section 227 doesn't apply to taking motor vehicles without consent. If you look at section 12 A 12, section 12 of the theft act 1968 we also know it doesn't relate to driving whilst disqualified. If you look at Section six of the Road Traffic Act 1998. Oh, there you are. That's taken a good hour. Thank you on behalf of myself, Colleen may want and on behalf of data law for watching this webinar presentation in relation to new legislation. And I do hope you found it useful. Thank you very much.
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