Friday, May 1, 2020

Report on the UK Criminal Law

Question: Dicuss a reflective report on the UK Criminal Law in the year 2014 - 2015? Answer: As per the requirements of the assignment, a reflective has been drawn upon the criminal law from the year 2014 to 2015 in United Kingdom. Various changes has been adapted on criminal law in the United Kingdom. In the month of March 2015, a change has been regarding the criminal procedure rule. The Criminal Procedure Rule Committee is liable for the changes, which is referred as Amendment No 2. These changes bring to the criminal law a new and innovative procedure for conducting trials in magistrates courts. The new rule is termed as trial by a single justice on the papers. Sections 46 to 50 of the Criminal Justice and Courts Act 2015 make changes to the Justices' Courts Act 1980, the Criminal Justice Act 2003 and some different Acts. The new statutory provisions apply to offenses charged against a grown-up (not somebody under 18), if the charged offense must be attempted in a judges' court (thus is not one sufficiently genuine to be sent to the Crown Court for trial) and if, in the occasion of conviction, the sentence for the offense cannot be detainment. Where the new provisions apply, a solitary justice of the peace, on the premise of composed material, can attempt the litigant just, in the parties' unlucky deficiency furthermore, without a hearing. The new provisions require the Criminal Procedure Rules to recommend the archives that the prosecutor must send to the litigant, and to endorse the period inside which the litigant must react to those reports before a solitary justice trial can occur (Justice.gov, 2014). In the month of February, some of the changes, which are made regarding criminal procedure, came into force on 2nd February 2015. The parts, which are affected are as follows: 6, 17, 39, 52 and 76. New rules, which have been added up on the criminal proceedings, are stated below: New rule has been added which is known as ground rules hearing. This addition is made on part 3 of the criminal procedure rules. New rule is also added up on part 63 of the criminal proceeding. The new rule states that advance notice is compulsory if an evidence is going to presented in the court of law during the appeal. This rule is only applicable if the appeal is made to the Crown court against a conviction by a magistrates court (justice.gov, 2015). In the month of September 2014, Tessa Szagun who used to be member of the committee had retired. Thus, Lord Chancellor has appointed Sian Jones as the Justices clerk Committee member. A list of standard trial preparation time limits has been enlisted in the page 7 of the magistrates courts trial preparation form. Time limits are stated in order to clarify the particular obligation on the defendant during the time of preparing application for prosecution disclosure. In the month August 2014 the list of standard trial preparation limit of the time in the page 7 of the court of the magistrate trial preparation form has been authorized to make amendment by The Lord Chief Justice. The limit of time for the Application for disclosure has be written again in order to make the obligation of the defendant clear for the prosecution disclosure in order to make an application. This form comes in the Forms page under the heading Part-3-Case management. On the Courts and Tribunals Judiciary website the amendments were published. The amendments have appeared on 6th October, 2014 after those come into force. There has been a replacement of the the Criminal Procedure Rules 2013, the Criminal Procedure (Amendment) Rules 2013 and the Criminal Procedure (Amendment No. 2) Rules 2013.in the year 2014. The new rules come into force on Monday 6th October 2014. The new changes include the process of the trial and its preparation considering parts 3, 38 and 39 of the Criminal Procedure Rules. This is followed by the process of appeals to the high court considering the extradition cases in Part 17 of the Rules. It also includes the expert evidence of part 33 of the Rules. Lastly it also includes the procedures that need to be adhered to in case certain proceedings are considered to be void or when there are certain orders that are deemed to be set aside. This is also applicable in a magistrates court considering part 37 of the Rules (justice.gov, 2015). The second aspect of the amendment include the service of the documents pertaining to part 4 along with the applications for the access to certain materials that are used for the purpose of attaining search warrants as per part 5. The production of the indictments pertaining to the Crown courts were also amended for parts 12 and 14. If a defendant was charged for low value shop lifting, then they would from now on be sent to trial. Amendments were also brought about for the application for witnesses summons as per part 28, for endorsing driving records as per part 55 and for the behaviour orders as per part 50 (justice.gov, 2015). In the month of March 2014 for preparation of trial the Lord Chief Justice has authorized the use of the amendment form in magistrates courts so that the defendant pleads not guilty. The Rule Committees case management group that is inclusive of members of others practitioners and the committee devise them. In order to assist courts the modifications are planned in order to avoid hearings which are not required to ensure that the trial occurs effectively and on time. The notes and form are structured on the Forms page, which comes under the section Part-3- Case management. Reference: Justice.gov.uk (2015). A GUIDE TO THE CRIMINAL PROCEDURE RULES 2014 (S.I. 2014/1610). Retrieved 1 April 2015, from https://www./courts/procedure-rules/criminal/docs/2014/criminal-procedure-rules-2014.pdf Justice.gov.uk, (2015). A GUIDE TO THE CRIMINAL PROCEDURE (AMENDMENT) RULES 2015 (S.I. 2015/13). [online] Available at: https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/guide-to-criminal-procedure-amendment-rules-2015.pdf [Accessed 1 Apr. 2015]. Justice.gov.uk, (2014). Criminal Procedure Rules. [online] Available at: https://www.justice.gov.uk/courts/procedure-rules/criminal [Accessed 1 Apr. 2015].

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