Legal Developments 2018

Legal Developments 2018

Alerts

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018 (SI 2018 No.93) [Link]

The revised code of practice (in force on 31st Jan 2018) relates to the exercise of functions under Chapter 2 of Part 8 of the Act by the  DPP, the Director of the SFO and the DPP for Northern Ireland, as well as officers of the Serious Fraud Office.  It revokes the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016.

The Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (EW&S) Regulations 2018 (SI 2018 No 85) [Link]

The Regulations come into operation on the 16th April 2018

The Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018 (SI 2018 No.84) (Link)

The Order comes into force on the 31st January 2018

The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018 (SI 2018 No. 83) (Link)

The Order comes into operation on 16th April 2018

The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 (SI 2018 No.82) (Link)

The Order comes into operation on 31st January 2018.

The Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018 (SI 2018 No.80) (Link)

The Regulations come into force on the 31st January 2018.

The Criminal Finances Act 2017 (Commencement No. 4) Regulations 2018 (SI 2018 No.78) (Link)

The Regulations come into force at different times.



Cases

R (on the application of Gibson) (Appellant) v Secretary of State for Justice (Respondent) [2018] UKSC 2 [Link]

The UK Supreme Court held that the default term in the case of Crown Court orders (including those imposed in respect of confiscation orders) must be the term that court imposed at the time of making its order.  The words of  s.79(2) of the  Magistrates’ Courts Act 1980 suggest the natural construction that the starting point for the arithmetical calculation of  the reduction in days of imprisonment, is the sum outstanding at the time of the Crown Court order.  Before the UKSC, the parties were agreed that in the case of a Crown Court confiscation order or fine, the period of imprisonment in default of payment was “imposed”, for the purposes of s.79, when the Crown Court discharged its statutory duty under s.139(2) of the 2000 Sentencing Act and fixed the (anticipatory) term in default.