Updates to Appendices

• Appendix 1 Criminal Procedure Rules 2005 (SI 2005 No. 384) - September 2007
• Appendix 2 PACE Codes of Practice - September 2006
• Appendix 3 Attorney-General's Guidelines - June 2007
• Appendix 8 The Consolidated Criminal Practice Direction - December 2006
• Appendix 9 Sentencing Guidelines Council Guideline on Domestic Violence - December 2006
• Appendix 9 Sentencing Guidelines Council Guidelines - July 2007

September 2007

Appendix 1 Criminal Procedure Rules 2005 (SI 2005 No. 384)

The Criminal Procedure (Amendment No. 2) Rules 2007 (SI 2007 No. 2317)(SI 2007 No. 2317) add new provisions to the CrimPR, with effect from 1 October 2007 and make certain additional minor amendments. The new rules are as follows:

• r. 37.6 (application to change a plea of guilty in summary proceedings);
• r. 39.3 (application to change a plea of guilty in a trial on indictment);
• part 65 (appeal to the Court of Appeal: general rules);
• part 66 (appeal to the Court of Appeal against ruling at preparatory hearing);
• part 67 (appeal to the Court of Appeal against ruling adverse to prosecution);
• part 68 (appeal to the Court of Appeal about conviction or sentence);
• part 69 (appeal to the Court of Appeal regarding reporting or public access restriction);
• part 70 (reference to the Court of Appeal of point of law or unduly lenient sentencing).

• r. 2.2 (definitions) is amended to provide definitions of 'business day', 'live link' and 'public interest ruling';
• part 63 (appeal to the Crown Court against conviction or sentence) is amended to extend the ambit of those rules to an appeal by a prosecutor under s. 14A(5A) of the Football Spectators Act 1989 (failure to make a football banning order) and to provide that the Crown Court may, in certain circumstances, enter on an appeal with the judge sitting with a single justice when hearing an appeal from a magistrates' court;
• part 74 (appeal to the House of Lords) is amended in consequence of differences between the new parts 67 and 70 and the provisions which they replace.

Author: MH

September 2006

Appendix 2 PACE Codes of Practice

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2006 (SI 2006 No. 2165) brings into operation, on 31 August 2006, a revision of para. 4 of Code A (exercise of statutory powers of stop and search and requirements to record public encounters). The revision pertains to the recording requirements enables constables of the British Transport Police operating from certain specified locations to provide an electronic receipt rather than a full record when they undertake a stop or a stop and search. A full record will be made available to the person at a later time. In consequence of the revision, the applicable Notes for Guidance are revised and a new Annex D (use of an electronic receipt as an interim record of a stop or stop and search) is inserted.

Author: MH

June 2007

Appendix 3 Attorney-General's Guidelines

The Attorney-General has issued an amendment to his guideline on the acceptance of pleas. A new para. C.6 applies and provides as follows:

1. In all cases before the Crown Court, and in cases before the magistrates' court where the issues are complex or there is scope for misunderstanding, the prosecution must commit to writing the aggravating and mitigating factors that will form the opening of the prosecution case as well any statutory limitations on sentencing. The prosecution will address, where relevant, the factors outlined at B4 including the matters set out in the next sub-paragraph.
2. The matters to be dealt with are:
• the aggravating and mitigating factors of the offence (not personal mitigation);
• any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing;
• any relevant sentencing Guidelines and guideline cases;
• identifying any victim personal statement or other information available to the prosecution advocate as to the impact of the offence on the victim;
• where appropriate, any evidence of the impact of the offending on a community;
• an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

Author: MH

December 2006

Appendix 8 The Consolidated Criminal Practice Direction

See Amendment No. 14 to the Consolidated Criminal Practice Direction (Forms for Use in Criminal Proceedings) [2006] All ER (D) 34 (Nov). This amends Annex D of the Consolidated Criminal Practice Direction handed down by the Lord Chief Justice on 8 July 2002, as subsequently amended.

It sets out two forms to be substituted for those in Annex D and two new forms to be added to that annex. The new Part 14 indictment form is for use where a two-stage trial is ordered under s. 17 of the Domestic Violence, Crime and Victims Act 2004 (the 2004 Act). The substitute Part 15 application form is revised so that it includes reference to applications under s. 17 of the 2004 Act. The substitute Part 66 prosecution appeal form is revised to make it clear which defendant the application/appeal affects and the new Part 68 appeal form is for use in an application/appeal against a sentence review decision under s. 74(8) of the Serious Organised Crime and Police Act 2005.

This Practice Direction took effect on 6 November 2006 when the Criminal Procedure (Amendment No. 2) Rules 2006 come into force.

Author: MH

December 2006

Appendix 9 Sentencing Guidelines Council Guideline on Domestic Violence

The SGC has issued a definitive guideline which affects all offences sentenced on or after 18 December 2006. It adopts the following definition of domestic violence: "Any incident of threatening behaviour, violence or abuse [psychological, physical, sexual, financial or emotional] between adults who are or have been intimate partners or family members, regardless of gender or sexuality". The emphasis of the guideline is "that offences committed in a domestic context should be regarded as being no less serious than offences committed in a non-domestic context. Indeed, because an offence has been committed in a domestic context, there are likely to be aggravating factors present that make it more serious".

Sentencing Guidelines Council Guideline on Breach of a Protective Order

The SGC has issued a definitive guideline which affects all breaches of a restraining order made under the Protection from Harassment Act 1997, s. 5 or a non-molestation order under the Family Law Act 1996, s. 42 when sentenced on or after 18 December 2006.

Author: MH

July 2007

Appendix 9 Sentencing Guidelines Council Guidelines

Following a review of its own guideline on reduction in sentence for a guilty plea, the Sentencing Guidelines Council has produced a revised guideline which has effect from 23 July 2007.

The main change relates to cases where the case against the offender is overwhelming. Previous guidance published in December 2004 guideline stated that in such cases sentences should be reduced by one-third in cases where offenders have indicated at the first reasonable opportunity that they will plead guilty. Whilst the presumption remains that a reduction should be made for a guilty plea at the earliest opportunity, the Council has concluded that a lower reduction of 20 per cent may be appropriate in certain circumstances. The Council has agreed with the recommendation of the Sentencing Advisory Panel that the general approach of the guideline is correct in setting out clearly the purpose of the reduction for a guilty plea, in settling for a reduction no greater than one third (with lower levels of reduction where a plea is entered other than at the first reasonable opportunity) and in continuing to provide for a special approach when fixing the minimum term for a life sentence imposed following conviction for murder.

The revised guideline provides guidance as to when the 'first reasonable opportunity' is likely to occur in relation to indictable only offences; emphasises that remorse and material assistance provided to prosecuting authorities are separate issues from those to which the guideline applies and makes clear that the approach to calculation of the reduction where an indeterminate sentence is imposed (other than that following conviction for murder) should be the same as that for determinate sentences.

Author: MH