14 February 2008
In Brief
Serious Crime Act 2007 (Commencement No 1) Order 2008 (SI 2008/219) Commences 15 February 2008 and 1 March 2008. These provisions relate mainly to powers available to authorities for combating fraud, and the abolition of the Assets Recovery Agency. Also, if a member of the Serious Organised Crime Agency’s staff applies for a disclosure order, an application to discharge or vary the order need not be made by the same member of staff.
Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 (SI 2008/167) Commenced 1 February 2008. Brings into effect revised Police and Criminal Evidence Act 1984 (PACE) codes of practice (codes A to E). The changes: clarify stop and search powers under PACE, s 1(9); implement Lord Carter’s review of legal aid procurement (published on 13 July 2006); enable the police to caution suspects in Welsh where appropriate; and enable the audio recording of interviews on secure digital network to be piloted. Reflects other minor legislative changes and makes minor corrections to the previous code of practice. Includes the ability for police to photograph people given a direction to leave and not return to a specified location for up to 48 hours under the Violent Crime Reduction Act 2006, s 27 (code D). Clarifies the definition of offensive weapons under PACE, s 1(9) (code A). Introduces reforms in relation to the arrangements for providing publicly funded legal advice at police stations in straight forward matters via the CDS Direct service (code C).
Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008 (SI 2008/132) Commences 29 February 2008. Specifies a maximum penalty of £10,000 which may be imposed by the secretary of state under the Immigration, Asylum and Nationality Act 2006, s 15(2) on an employer who acts contrary to that section in the employment of an adult subject to immigration control.
CHOICE FOR BARRISTERS
The Bar Standards Board (BSB) says that long-standing restrictions on how barristers are allowed to practise—notably the “cab-rank” rule and the prohibition on partnerships—need to be questioned. It says that removing some of the restrictions will give barristers more options about how they choose to practise and it will be for them to decide whether to take advantage of the new opportunities. BSB chairman Ruth Evans says: “The policy purpose of the Legal Services Act 2007 is to increase choice in legal services by creating a permissive framework for different models of practice. This will mean the emergence of new types of consumer-oriented, legal businesses.”
UNLAWFULLY DETAINED
The Court of Appeal has ruled that police unlawfully detained a 16-yearold persistent offender while they waited for a charge decision from the Crown Prosecution Service. The offender was detained for three hours after returning to police having been charged following an attack on bus passengers. Sir Igor Judge ruled “with reluctance” that guidance used by the director of public prosecutions under the Police and Criminal Evidence Act, s 37A was “not adequate to create the power which the custody officer believed he was exercising” and was in conflict with the Criminal Justice Act 2003.
WAG PANEL
The list of law firms that have won the right to provide legal services to the Welsh Assembly government (WAG), certain assembly government sponsored bodies, and the Office for National Statistics for the next four years were announced this week. Bevan Brit-tan, Browne Jacobson, Eversheds, Geldards, Hugh James, Morgan Cole, Ashfords and Beachcroft won places on the WAG panel following a tender process and will provide advice on property and commercial law, corporate finance, litigation, employment and environmental law.
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