Legal Developments 2024

Legal Developments 2024

Legislation

For the Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024 (SI 2024 No.583), see [Link].  The Explanatory Note to the SI reads (in part): “The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (S.I. 1988/2019)….specifies descriptions of weapons to which section 141 applies and sets out defences to the section 141 offences.  Part 2 of this Order adds a new weapon description at paragraph 1(sa) in the Schedule to the 1988 Order (the weapon sometimes known as a “zombie-style knife” or “zombie-style machete”), provides for defences to the section 141 offences in relation to this new weapon description, and provides for a bluntness defence which applies to both paragraph 1(sa) and paragraph 1(r) weapons (curved swords).   Parts 3 and 4 of this Order provide for a scheme under which compensation can be claimed by persons surrendering weapons which fall under the new paragraph 1(sa).”

For the Safety of Rwanda (Asylum and Immigration) Act 2024, see [Link].

For the Proceeds of Crime Act 2002 (Search, Recovery of Cryptoassets and Investigations: Codes of Practice) Regulations 2024 (SI 2024/551), see [Link].

For the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2024 (SI 2024/542), see [Link].

For the Proceeds of Crime Act 2002 and Terrorism Act 2000 (Certain Information Orders: Code of Practice) Regulations 2024 (SI 2024/552), see [Link].

For the Misuse of Drugs and Misuse of Drugs (Designation) (England and Wales and Scotland) (Amendment and Revocation) Regulations 2024 (SI 2024 No.248) see [Link], which revokes with immediate effect SI 2024 No.239 [Link].

For the Misuse of Drugs Act 1971 (Amendment) Order 2024 (SI 2024 No.190); in force 20th March 2024: see [Link].  The Explanatory Note states “Article 2(2) of this Order brings fifteen synthetic opioids, including fourteen nitazenes, under control as Class A drugs under the Act. Article 2(3) of this Order brings cumyl-PeGaClone, diphenidine, ephenidine, and methoxyphenidine under control as Class B drugs under the Act.  Article 2(4) of this Order brings remimazolam under control as a Class C drug under the Act”.

For the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2024 (SI 2024 No.63); in force on 19th January 2024: see [Link]

For the Criminal Procedure (Amendment) Rules 2024 (SI 2024 No 62) in force on 1st April 2024: see [Link]

Cases

It was held in Thompson v CPS [2024] EWHC 470 (Admin) [LINK], that the definition in para.(s) requires “an objective consideration of what the images or words in question ‘suggest’. The subjective intention of the person in possession is irrelevant. Thus, it matters not if the person in private possession of the knife is merely a ‘collector’ who seeks to display the knife in a cabinet or by some other means and who has no intention of ever using it to commit or threaten violence. If the images or words on the knife in private possession suggest that it is to be used for violence, then the offence is committed” (at [19]). The Court, and the parties, accepted that the word “suggest” means “to bring to one’s mind by association of ideas” (at [21]): ” If the words or images on a knife can by the association of ideas bring to mind that the item is to be used for violence, then the statutory definition would be met.” (per Choudhury J., at [21]).