Archbold: Criminal Pleading, Evidence and Practice 2019

A statement from Lord Justice Hickinbottom (Chair, Judicial Library Committee) Following a survey of all Resident Judges in 2016, the decision was taken centrally to provide Blackstone’s Criminal Practice in every Crown courtroom in England & Wales. Previously, each court centre determined whether to order and use Blackstone or Archbold. Judges continued to be able to access both works online and use their personal allowances to buy books of their choosing. At the time, it was made clear that this decision would be reviewed at a later date. Over the last eighteen months the judiciary and the Judicial Library Service have worked closely with Oxford University Press and Thomson Reuters to provide input into the forthcoming editions of each of the works. I am now pleased to confirm that, as a result of discussions with OUP and Thomson Reuters, for the forthcoming legal year, every Crown courtroom will be provided with one copy of each book. This will enable us to conduct a meaningful review, which will inform the decision on which book will be provided from October 2019. I encourage all criminal judges to consult and make use of both publications, whether online or in print, prior to the review which is expected to be undertaken in Spring 2019. The Judicial Library Committee will now begin work on how best to conduct the review, and further information on the content and format will be issued in due course. NEW EDITOR AND EXPANDED EDITORIAL TEAM We are pleased to announce His Honour Judge Mark Lucraft Q.C., the Chief Coroner of England and Wales, as the new General Editor of Archbold, supported by a new Judicial Board of nine judges. We have also expanded the author team with additional expert practitioners and offer an unrivalled writing team on criminal practice and procedure. REVISED, RESTRUCTURED AND UPDATED CONTENT Key chapters have been revised or restructured: Chapter 5 on Sentences and Orders on Conviction has been split into Chapters 5A and 5B, the latter dealing with Confiscation under the Proceeds of Crime Act 2002; Chapter 5A on Sentences and Orders on Conviction has been completely restructured to follow the chronology of a sentencing hearing to make the chapter more user-friendly and intuitive; it now includes brand new dedicated sections on the sentencing of non-recent offences and the sentencing of children and young persons; Chapter 13 on Evidence of Bad Character has been rewritten to focus on the provisions of the Criminal Justice Act 2003 and the case law interpreting it and particular attention is given to those issues which arise in practice frequently. Other important chapters that have been significantly reviewed or revised include Chapter 15 on Investigatory Powers; Confessions; Discretion etc; Chapter 17 on The Mental Element in Crime; Chapter 19 on Offences Against the Person; Chapter 20 on Sexual Offences; and Chapter 25 on Offences against the Crown and Government. The popular Sentencing Guidelines supplement will publish again as part of the Archbold 2019 service. It is fully updated for 2019 and includes new guidelines on Terrorism Offences; Domestic Abuse; Bladed Articles and Offensive Weapons; Breach Offences; Intimidatory Offences; Manslaughter; and Child Cruelty. The Criminal Procedure Rules 2015 and Criminal Practice Directions 2015 will once again be published in Appendix B of the Supplement. We have expanded the coverage so that all Rules and Practice Directions are included – whether the topic is covered in the Main Work or not – to ensure that the Appendix offers a comprehensive resource to all practitioners. Rules and Practice Directions can also be found in the main work wherever they are relevant to a particular topic. As ever, the 2019 edition of Archbold will be fully up-to-date with the latest legislation, including the Data Protection Act 2018 and the Sanctions and Anti-Money Laundering Act 2018. Amendments have been made by the commencement of provisions of the Policing and Crime Act 2017 and the Criminal Finances Act 2017 to the Proceeds of Crime Act 2002 and the Police and Criminal Evidence Act 1984. In addition, amendments to the Criminal Procedure Rules 2015 (SI 2015/1490) and the Criminal Practice Directions 2015 are included, the highlight of which is the substitution of a new Part 22 (Evidence of a complainant’s previous sexual behaviour). Key cases covered include Ivey v. Genting Casinos (UK) Ltd (trading as Crockfords Club) [2017] UKSC 67; DPP v. Patterson [2017] EWHC 2820 (Admin); Re Loughlin [2017] UKSC 63; R. (Haralambous) v. Crown Court at St Albans [2018] UKSC 1; R. (Gibson) v. Secretary of State for Justice [2018] UKSC 2; R. v. Grant-Murray [2017] EWCA Crim 1228 (child witnesses, appeals and mandatory life sentences); R. v. Edwards [2018] EWCA Crim 595 (orders under the Mental Health Act 1983); Loake v. CPS [2017] EWHC 2855 (Admin) (insanity); R. v. Ray [2017] EWCA Crim 1391 (householder defence); R. v. Rose [2017] EWCA Crim 1168 (gross negligence manslaughter); and R. v. Parsons and Morgan [2018] EWCA Crim 2163 (sexual harm prevention orders). FURTHER IMPROVEMENTS BASED ON YOUR FEEDBACK Building on the improvements to the layout made to the 2018 edition, and in response to your feedback, we have made further improvements to the accessibility and navigation of the 2019 edition including the introduction of thumb tabs.

COMPLETE CROWN COURT COVERAGE: The Indictment The Criminal Jurisdiction of the Crown Court Bail, Appearance of Accused for Trial, Presence During Trial Trial Sentences and Orders on Conviction Confiscation under the Proceeds of Crime Act 2002 Costs and Legal Aid Criminal Appeal Oral Testimony of Witnesses Documentary and Real Evidence Miscellaneous Sources of Evidence Hearsay Evidence Privilege, Public Interest Immunity and Disclosure Evidence of Bad Character Evidence of Identification Investigatory Powers; Confessions; Discretion to Exclude Evidence, etc. Human Rights The Mental Element in Crime Principals and Secondary Parties Offences Against the Person Sexual Offences Offences under the Theft and Fraud Acts Forgery, Personation and Cheating Criminal Damage and Kindred Offences Firearms and Offensive Weapons Offences Against the Crown and Government Money Laundering Offences Harmful or Dangerous Drugs Offences against Public Justice Public Order Offences Commerce, Financial Markets and Insolvency Offences against Public Morals and Policy Motor Vehicle Offences Conspiracy, Encouragement and Attempt to Commit Crime