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Crime brief

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17 July 2008 / Andrew Keogh
Issue: 7330 / Categories: Features , Public
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NEW GENERAL CRIMINAL CONTRACT
PROSECUTION GUIDANCE

The Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008 (SI 2008/1586). This SI brings in to force on 14 July 2008 large parts of the 2008 Act (see NLJ, 13 June 2008).

The Extradition Act 2003 (Amendment to Designations) Order 2008 (SI 2008/1586). This order adds the United Arab Emirates as a Part 2 territory under the Extradition Act 2003.

CONTRACTING
A new general criminal contract came in to force on 14 July 2008. There are a large number of changes that suppliers need to take note of:

Financial disclosure: a new power to require production of financial records where the Legal Services Comission believes the business is at risk.

Duty to have an equality and diversity policy.

A tightening up of rules against inducements making clear that only refreshments or cigarettes for immediate consumption may be given to clients.

Rules requiring compliance with audits and the introduction of “mystery shopper” surveys.

A duty to keep complete files for a period

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MOVERS & SHAKERS

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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