blackstone’s criminal practice 2012
TRANSCRIPT
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BLACKSTONE'S
THE RIGHT HONOURABLE LORD JUSTICE HOOPER
DAVID ORMEROD LAW C O M M I S S I O N E R , BARRISTER, BENCHER OF M I D D L E TEMPLE,
P R O F E S S O R OF CRIMINAL JUSTICE, QUEEN MARY, UNIVERSITY OF LONDON
F O U N D I N G EDITOR
HHJ PETER MURPHY
ADVISORY EDITORIAL BOARD
LORD JUSTICE LEVESON, THE HONOURABLE MR JUSTICE GLOBE, HHJ ROBERT ATHERTON, HHJ PETER BEAUMONT QC,
HHJ SALLY CAHILL QC, HHJ JEFFREY PEGDEN QC, MICHAEL BOWES QC, ALISON LEVITT QC, RICHARD MARKS QC,
TIM OWEN QC, DAVID PERRY QC, ROBERT SMITH QC, ADRIAN WATERMAN QC, HH ERIC STOCKDALE
CONTRIBUTORS
DUNCAN ATKINSON, ALEX BAILIN QC, DIANE BIRCH, ED CAPE, ANAND DOOBAY, RUDI FORTSON QC, MICHAEL HIRST, LAURA C. H. HOYANO, PETER HUNGERFORD-WELCH,
ADRIAN KEANE, ANDREW KEOGH, MICHAEL LEREGO QC, RICHARD MCMAHON QC, VALSAMIS MITSILEGAS, TIM MOLONEY QC,
STEPHEN PARKINSON, DUNCAN PENNY, AMANDA PINTO QC, EDWARD REES QC, HOWARD RIDDLE, HHJ PETER ROOK QC,
MAYA SIKAND, RICHARD D.TAYLOR, MARK TOPPING, MARTIN WASIK CBE
OXTORD UNIVERSITY PRESS
Great Clarendon Street, Oxford ox2 6dp
Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide in
Oxford New York
Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi
New Delhi Shanghai Taipei Toronto
With offi ces in
Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam
Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries
Published in the United States by Oxford University Press Inc., New York
© Oxford University Press, 2011
The moral rights of the authors have been asserted Database right Oxford University Press (maker)
Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of the Controller of OPSI
and the Queen’s Printer for Scotland
First edition published by Blackstone Press 1991 Twenty-second edition published by Oxford University Press 2011
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means,
without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate
reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above
You must not circulate this book in any other binding or cover and you must impose the same condition on any acquiror
British Library Cataloguing in Publication Data Data available
Library of Congress Cataloging in Publication Data Data available
Typeset in Adobe Garamond by Cenveo, Bangalore, India
Printed in Italy on acid-free paper by
L.E.G.O. S.p.A.
978-0-19-969438-9 (Book)
1 3 5 7 9 10 8 6 4 2
Blackstone_FM.indd iv 8/24/2011 2:20:02 PM
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Preface to the 2012 Edition
In this 22nd edition of Blackstone’s Criminal Practice we aim to provide a comprehensive account of English criminal law, evidence and procedure which is accessible to all those working in the criminal courts. We have sought to include everything reasonably necessary from a practical perspective to the daily work of the practitioner. We retain our unique position by providing comprehensive coverage of both Crown Court and magistrates’ courts materials, coupled with the depth of analysis and practical insight on which the book has built its reputation.
Unusually, this edition has not had to incorporate substantial amounts of new legislative mate- rial. The general election in 2010 has meant that the torrent of criminal justice legislation has diminished. The Bribery Act 2010 is dealt with in full as is the Identity Documents Act 2010 and the Crime and Security Act 2010. Amendments by secondary legislation to the Misuse of Drugs Act 1971 and many other pieces of legislation, including the Terrorism Asset-Freezing etc. Act 2010 and the Defence Disclosure (Time Limits) Regulations, are included, as are the new PACE Codes of Practice, which are set out in full in appendix 1 and discussed in context in the relevant parts of the main work. We have also taken account of the Police (Detention and Bail) Act 2011. The many commencement orders dealt with include the important ones bring- ing into force parts of the Coroners and Justice Act 2009 and the Road Safety Act 2006.
There has been no let up in the volume of criminal cases decided by the appellate courts. This edition includes scores of new ones including: Williams on causing death by driving while unin- sured; Zahid on strict liability in fi rearms offences; Keane and McGrath on self-defence; Gnango on joint enterprise; Twomey on juryless trials and disclosure; Inglis on murder; Webb on dimin- ished responsibility; Grout on sexual offences; R (Ricketts) v Basildon Magistrates’ Court on theft; O and Lancaster on false accounting; Abdul v DPP on free speech and public order; Iqbal and Richardson v Chief Constable of West Midlands Police on arrest; Auton on sentencing for cannabis production; LM on immigration offences and the traffi cked individuals; Ahmed and Warren v A-G for Jersey on abuse of process; GR , Bryant and R (Firth) v Epping Magistrates’ Court on disclosure; Boutell and Ricketts on credit for time on remand in sentencing; A-G’s Ref (No. 18 of 2011) on barring orders; Bajwa on confi scation; Clipston on hearsay and process in confi scation proceedings; Webster on reverse burdens; Blasiak on care warnings; Burridge on expert evidence; T on DNA and probability theorems; Olu , C , and Saint on bad character, Twist on hearsay and Ford on anonymous hearsay. The contributors have worked with dedica- tion and diligence to incorporate these materials and we are confi dent that the entire text has been updated and reviewed to the standard that readers have come to expect of Blackstone’s .
This edition includes four important new developments. Professor Valsamis Mitsilegas joined the team and has produced a new chapter, ‘European Union law’. We see this as a most impor- tant addition as the infl uence of EU law will be felt more keenly throughout criminal law and practice in the future. We have a new section devoted to vulnerable witnesses, refl ecting the importance of this developing area of law, and we are delighted that Laura Hoyano, who has published widely on this topic, joins the team to contribute this section. Similarly, the impor- tance of corporate liability in criminal law has led us to include a new section devoted to that topic, and Amanda Pinto QC joins the team of contributors to bring her considerable experi- ence on that subject. Finally, Mark Topping joins the team to add specialist knowledge on the offence of piracy in B10.
One other new team member joining this year deserves special mention. We are privileged to be able to welcome the Chief Magistrate, Howard Riddle, who brings enormous experience and expertise.
Blackstone_FM.indd v 8/24/2011 2:20:02 PM
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Preface to the 2012 Edition
We are delighted also to welcome yet more eminent members to our Advisory Editorial Board. Lord Justice Leveson, HHJ Robert Atherton, HHJ Sally Cahill QC, HHJ Henry Globe QC and HHJ Jeffrey Pegden QC bring a wealth of judicial experience and their advice will assist us in ensur- ing that Blackstone’s remains as valuable to the judiciary as to the practitioner. We also welcome eminent practitioners Michael Bowes QC, Richard Marks QC and Adrian Waterman QC to the Advisory Editorial Board, and thank them for their input on numerous matters. Our gratitude is also owed to the team at Oxford University Press (Fiona Sinclair, Stacey Penny, Eleanor Walter, Jodi Roberts and Katie Heath) who worked with characteristic effi ciency and patience under the indomitable leadership of Roxanne Selby. Our greatest gratitude goes, as ever, to Laurence Eastham, our editorial co-ordinator. Every year he skilfully marshals the contributors through the rigorous redrafting and updating process with good humour and patience. He remains an inspiration to us and the contributing authors, and without him Blackstone’s would not have the strong reputation it has. David Ormerod is now the Criminal Law Commissioner for England and Wales, but noth- ing in this work should be taken as representing the views of the Law Commission unless expressly stated to do so.
As is now customary, this main work is published with a simultaneous supplement (Supplement 1) containing the Criminal Procedure Rules and the Sentencing Guidelines. We have included the new guidelines on assault. Readers can choose to subscribe to the two further cumulative supplements to be published in spring and summer. In addition, readers can sign up to a free Quarterly Update and free monthly on-line updating service ensuring that Blackstone’s users are able to rely with confi dence on the accuracy of the content throughout the year. This year we are also delighted to offer Blackstone’s Criminal Practice as a downloadable, multi-plat- form eBook.
We welcome constructive comments and suggestions from readers. These assist us in providing a publication that meets the needs of the users. Please continue to offer your feedback via the web site at www.oup.com/blackstones/criminal . Alternatively, you can send us your comments by email at [email protected] .
We have endeavoured to state the law as at 1 August 2011.
Rt Honourable Lord Justice Hooper Professor David Ormerod
Blackstone_FM.indd vi 8/24/2011 2:20:02 PM
www.oup.com/blackstones/criminal
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Acknowledgements
Particular thanks are due to the editorial coordinator, Laurence Eastham. Thanks are also due to Moira Greenhalgh for the preparation of the index, Nicola Freshwater for the copyediting, Margaret Humbert for the proofreading and Deborah Harris for the tables.
The Code for Crown Prosecutors in appendix 3 is reproduced with the kind permission of the Crown Prosecution Service.
The publishers are grateful to readers for the suggestions (and corrections) which they provide throughout the year. They would like to invite subscribers to e-mail (blackstonescriminal@oup. com) with any feedback or comments so that the service can continue to be developed and improved.
Blackstone_FM.indd vii 8/24/2011 2:20:02 PM
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Abbreviations
The following abbreviations have been used in this edition:
A-G Attorney-General A-G’s Ref Attorney-General’s Reference AJA 1999 Access to Justice Act 1999 ARA Assets Recovery Agency ASBA 2003 Anti-social Behaviour Act 2003 ASBO anti-social behaviour order A-tCSA 2001 Anti-terrorism, Crime and Security Act 2001 BA 1976 Bail Act 1976 CAJA 2009 Coroners and Justice Act 2009 CCRC Criminal Cases Review Commission CDA 1998 Crime and Disorder Act 1998 CDSA 2006 Criminal Defence Service Act 2006 CJA Criminal Justice Act (dates vary) CJCSA 2000 Criminal Justice and Court Services Act 2000 CJEU Court of Justice of the European Union CJIA 2008 Criminal Justice and Immigration Act 2008 CJPA 2001 Criminal Justice and Police Act 2001 CJPO 1994 Criminal Justice and Public Order Act 1994 CLA Criminal Law Act (dates vary) CMCHA 2007 Corporate Manslaughter and Corporate Homicide Act 2007 CPIA 1996 Criminal Procedure and Investigations Act 1996 CPS Crown Prosecution Service CrimPR Criminal Procedure Rules 2011 C(S)A 1997 Crime (Sentences) Act 1997 CSO community support offi cer C-TA 2008 Counter-Terrorism Act 2008 CYPA Children and Young Persons Act (dates vary) DPP Director of Public Prosecutions DTTO drug treatment and testing order DVCVA 2004 Domestic Violence, Crime and Victims Act 2004 EAW European Arrest Warrant ECHR European Convention on Human Rights ECtHR European Court of Human Rights FA 1968 Firearms Act 1968 F(A)A Firearms (Amendment) Act (dates vary) FSMA 2000 Financial Services and Markets Act 2000 HRA 1998 Human Rights Act 1998 IPP imprisonment for public protection MCA 1980 Magistrates’ Courts Act 1980 MDA 1971 Misuse of Drugs Act 1971 OAPA 1861 Offences Against the Person Act 1861 PACA 2009 Policing and Crime Act 2009 PACE 1984 Police and Criminal Evidence Act 1984 PCC(S)A 2000 Powers of Criminal Courts (Sentencing) Act 2000 POA Public Order Act (dates vary) POCA 2002 Proceeds of Crime Act 2002 RCPO Revenue and Customs Prosecutions Offi ce
Blackstone_FM.indd ix 8/24/2011 2:20:02 PM
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Abbreviations
RDCO recovery of defence costs order RIPA 2000 Regulation of Investigatory Powers Act 2000 RTA Road Traffi c Act (dates vary) RTOA 1988 Road Traffi c Offenders Act 1988 RTRA Road Traffi c Regulation Act (dates vary) SCA 2007 Serious Crime Act 2007 SCPO serious crime prevention order SFO Serious Fraud Offi ce SGC Sentencing Guidelines Council SMD special measures direction SOA Sexual Offences Act (dates vary) SOCA Serious Organised Crime Agency SOCPA 2005 Serious Organised Crime and Police Act 2005 SOPO sexual offences prevention order TA Theft Act (dates vary) TA 2000 Terrorism Act 2000 TA 2006 Terrorism Act 2006 UNCLOS United Nations Convention on the Law of the Sea VCRA 2006 Violent Crime Reduction Act 2006 YJCEA 1999 Youth Justice and Criminal Evidence Act 1999 VOO violent offender order YOT youth offending team YRO youth rehabilitation order
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Contributors
Duncan Atkinson , Barrister 6 King’s Bench Walk, Junior Prosecuting Counsel for the Crown at the Central Criminal Court
Alex Bailin , QC, Barrister Matrix Chambers
Diane Birch , LLB JC Smith Professor of Law, University of Nottingham
Ed Cape , LLM, Solicitor Professor of Criminal Law and Practice, Bristol Law School, University of the West of England, Bristol
Anand Doobay , LLB, LLM, Solicitor Consultant, Peters & Peters
Rudi Fortson , QC, LLB, Barrister 25 Bedford Row, London Visiting Professor of Law at Queen Mary, University of London
Michael Hirst , LLB, LLM Professor of Criminal Justice, Leicester De Montfort Law School
Laura C. H. Hoyano Hackney Fellow & Tutor in Law, Wadham College, University of Oxford and Fellow of the Middle Temple
Peter Hungerford-Welch , LLB, FHEA, Barrister Assistant Dean (Professional Programmes), The City Law School, City University, London
Adrian Keane , LLB, Barrister Professor of Law and Director of Professional Programmes at The City Law School, City University, London
Andrew Keogh , LLB, LLM, Barrister, Solicitor
Michael Lerego , QC, MA, BCL, FCIArb, FHEA Fountain Court Chambers, Professor, The College of Law
Richard McMahon , QC, LLB, LLM Her Majesty’s Comptroller (Solicitor General) for Guernsey
Valsamis Mitsilegas , LLB, LLM, PhD Professor of European Criminal Law and Director of the Criminal Justice Centre, Queen Mary, University of London
Tim Moloney , QC, Barrister Tooks Chambers
Stephen Parkinson , LLB, Solicitor Partner and Head of Kingsley Napley’s Criminal and Regulatory Department
Duncan Penny, Barrister 6 King’s Bench Walk
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Contributors
Amanda Pinto, QC, MA, Barrister 5 Paper Buildings
Edward Rees , QC, LLB Doughty Street Chambers, Honorary Fellow of Criminal Process at the University of Kent
Howard Riddle Senior District Judge (Chief Magistrate)
His Honour Judge Peter Rook , QC Central Criminal Court
Maya Sikand , Barrister Garden Court Chambers
Richard D. Taylor , MA, LLM, Barrister Professor of English Law, Lancashire Law School, University of Central Lancashire
Mark Topping , LLB, RD, Solicitor Crown Advocate, Special Crime and Counter Terrorism Division, Crown Prosecution Service
Martin Wasik , CBE, LLB, MA, FRSA, Barrister Recorder of the Crown Court, Professor of Criminal Justice, Keele University
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Summary of Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi Table of Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xvii Table of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . clv Table of Statutory Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxv Table of Practice Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxxvi Table of Codes of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxxviii Table of Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxli Table of Protocols and Circulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxliv Table of International Treaties and Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ccxlv Table of European Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ccxlvii
PART A CRIMINAL LAW A1 Actus Reus : The external elements of an offence. . . . . . . . . . . . . . . . . . .…
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BLACKSTONE'S
THE RIGHT HONOURABLE LORD JUSTICE HOOPER
DAVID ORMEROD LAW C O M M I S S I O N E R , BARRISTER, BENCHER OF M I D D L E TEMPLE,
P R O F E S S O R OF CRIMINAL JUSTICE, QUEEN MARY, UNIVERSITY OF LONDON
F O U N D I N G EDITOR
HHJ PETER MURPHY
ADVISORY EDITORIAL BOARD
LORD JUSTICE LEVESON, THE HONOURABLE MR JUSTICE GLOBE, HHJ ROBERT ATHERTON, HHJ PETER BEAUMONT QC,
HHJ SALLY CAHILL QC, HHJ JEFFREY PEGDEN QC, MICHAEL BOWES QC, ALISON LEVITT QC, RICHARD MARKS QC,
TIM OWEN QC, DAVID PERRY QC, ROBERT SMITH QC, ADRIAN WATERMAN QC, HH ERIC STOCKDALE
CONTRIBUTORS
DUNCAN ATKINSON, ALEX BAILIN QC, DIANE BIRCH, ED CAPE, ANAND DOOBAY, RUDI FORTSON QC, MICHAEL HIRST, LAURA C. H. HOYANO, PETER HUNGERFORD-WELCH,
ADRIAN KEANE, ANDREW KEOGH, MICHAEL LEREGO QC, RICHARD MCMAHON QC, VALSAMIS MITSILEGAS, TIM MOLONEY QC,
STEPHEN PARKINSON, DUNCAN PENNY, AMANDA PINTO QC, EDWARD REES QC, HOWARD RIDDLE, HHJ PETER ROOK QC,
MAYA SIKAND, RICHARD D.TAYLOR, MARK TOPPING, MARTIN WASIK CBE
OXTORD UNIVERSITY PRESS
Great Clarendon Street, Oxford ox2 6dp
Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide in
Oxford New York
Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi
New Delhi Shanghai Taipei Toronto
With offi ces in
Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam
Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries
Published in the United States by Oxford University Press Inc., New York
© Oxford University Press, 2011
The moral rights of the authors have been asserted Database right Oxford University Press (maker)
Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of the Controller of OPSI
and the Queen’s Printer for Scotland
First edition published by Blackstone Press 1991 Twenty-second edition published by Oxford University Press 2011
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means,
without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate
reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above
You must not circulate this book in any other binding or cover and you must impose the same condition on any acquiror
British Library Cataloguing in Publication Data Data available
Library of Congress Cataloging in Publication Data Data available
Typeset in Adobe Garamond by Cenveo, Bangalore, India
Printed in Italy on acid-free paper by
L.E.G.O. S.p.A.
978-0-19-969438-9 (Book)
1 3 5 7 9 10 8 6 4 2
Blackstone_FM.indd iv 8/24/2011 2:20:02 PM
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Preface to the 2012 Edition
In this 22nd edition of Blackstone’s Criminal Practice we aim to provide a comprehensive account of English criminal law, evidence and procedure which is accessible to all those working in the criminal courts. We have sought to include everything reasonably necessary from a practical perspective to the daily work of the practitioner. We retain our unique position by providing comprehensive coverage of both Crown Court and magistrates’ courts materials, coupled with the depth of analysis and practical insight on which the book has built its reputation.
Unusually, this edition has not had to incorporate substantial amounts of new legislative mate- rial. The general election in 2010 has meant that the torrent of criminal justice legislation has diminished. The Bribery Act 2010 is dealt with in full as is the Identity Documents Act 2010 and the Crime and Security Act 2010. Amendments by secondary legislation to the Misuse of Drugs Act 1971 and many other pieces of legislation, including the Terrorism Asset-Freezing etc. Act 2010 and the Defence Disclosure (Time Limits) Regulations, are included, as are the new PACE Codes of Practice, which are set out in full in appendix 1 and discussed in context in the relevant parts of the main work. We have also taken account of the Police (Detention and Bail) Act 2011. The many commencement orders dealt with include the important ones bring- ing into force parts of the Coroners and Justice Act 2009 and the Road Safety Act 2006.
There has been no let up in the volume of criminal cases decided by the appellate courts. This edition includes scores of new ones including: Williams on causing death by driving while unin- sured; Zahid on strict liability in fi rearms offences; Keane and McGrath on self-defence; Gnango on joint enterprise; Twomey on juryless trials and disclosure; Inglis on murder; Webb on dimin- ished responsibility; Grout on sexual offences; R (Ricketts) v Basildon Magistrates’ Court on theft; O and Lancaster on false accounting; Abdul v DPP on free speech and public order; Iqbal and Richardson v Chief Constable of West Midlands Police on arrest; Auton on sentencing for cannabis production; LM on immigration offences and the traffi cked individuals; Ahmed and Warren v A-G for Jersey on abuse of process; GR , Bryant and R (Firth) v Epping Magistrates’ Court on disclosure; Boutell and Ricketts on credit for time on remand in sentencing; A-G’s Ref (No. 18 of 2011) on barring orders; Bajwa on confi scation; Clipston on hearsay and process in confi scation proceedings; Webster on reverse burdens; Blasiak on care warnings; Burridge on expert evidence; T on DNA and probability theorems; Olu , C , and Saint on bad character, Twist on hearsay and Ford on anonymous hearsay. The contributors have worked with dedica- tion and diligence to incorporate these materials and we are confi dent that the entire text has been updated and reviewed to the standard that readers have come to expect of Blackstone’s .
This edition includes four important new developments. Professor Valsamis Mitsilegas joined the team and has produced a new chapter, ‘European Union law’. We see this as a most impor- tant addition as the infl uence of EU law will be felt more keenly throughout criminal law and practice in the future. We have a new section devoted to vulnerable witnesses, refl ecting the importance of this developing area of law, and we are delighted that Laura Hoyano, who has published widely on this topic, joins the team to contribute this section. Similarly, the impor- tance of corporate liability in criminal law has led us to include a new section devoted to that topic, and Amanda Pinto QC joins the team of contributors to bring her considerable experi- ence on that subject. Finally, Mark Topping joins the team to add specialist knowledge on the offence of piracy in B10.
One other new team member joining this year deserves special mention. We are privileged to be able to welcome the Chief Magistrate, Howard Riddle, who brings enormous experience and expertise.
Blackstone_FM.indd v 8/24/2011 2:20:02 PM
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Preface to the 2012 Edition
We are delighted also to welcome yet more eminent members to our Advisory Editorial Board. Lord Justice Leveson, HHJ Robert Atherton, HHJ Sally Cahill QC, HHJ Henry Globe QC and HHJ Jeffrey Pegden QC bring a wealth of judicial experience and their advice will assist us in ensur- ing that Blackstone’s remains as valuable to the judiciary as to the practitioner. We also welcome eminent practitioners Michael Bowes QC, Richard Marks QC and Adrian Waterman QC to the Advisory Editorial Board, and thank them for their input on numerous matters. Our gratitude is also owed to the team at Oxford University Press (Fiona Sinclair, Stacey Penny, Eleanor Walter, Jodi Roberts and Katie Heath) who worked with characteristic effi ciency and patience under the indomitable leadership of Roxanne Selby. Our greatest gratitude goes, as ever, to Laurence Eastham, our editorial co-ordinator. Every year he skilfully marshals the contributors through the rigorous redrafting and updating process with good humour and patience. He remains an inspiration to us and the contributing authors, and without him Blackstone’s would not have the strong reputation it has. David Ormerod is now the Criminal Law Commissioner for England and Wales, but noth- ing in this work should be taken as representing the views of the Law Commission unless expressly stated to do so.
As is now customary, this main work is published with a simultaneous supplement (Supplement 1) containing the Criminal Procedure Rules and the Sentencing Guidelines. We have included the new guidelines on assault. Readers can choose to subscribe to the two further cumulative supplements to be published in spring and summer. In addition, readers can sign up to a free Quarterly Update and free monthly on-line updating service ensuring that Blackstone’s users are able to rely with confi dence on the accuracy of the content throughout the year. This year we are also delighted to offer Blackstone’s Criminal Practice as a downloadable, multi-plat- form eBook.
We welcome constructive comments and suggestions from readers. These assist us in providing a publication that meets the needs of the users. Please continue to offer your feedback via the web site at www.oup.com/blackstones/criminal . Alternatively, you can send us your comments by email at [email protected] .
We have endeavoured to state the law as at 1 August 2011.
Rt Honourable Lord Justice Hooper Professor David Ormerod
Blackstone_FM.indd vi 8/24/2011 2:20:02 PM
www.oup.com/blackstones/criminal
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vii
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Acknowledgements
Particular thanks are due to the editorial coordinator, Laurence Eastham. Thanks are also due to Moira Greenhalgh for the preparation of the index, Nicola Freshwater for the copyediting, Margaret Humbert for the proofreading and Deborah Harris for the tables.
The Code for Crown Prosecutors in appendix 3 is reproduced with the kind permission of the Crown Prosecution Service.
The publishers are grateful to readers for the suggestions (and corrections) which they provide throughout the year. They would like to invite subscribers to e-mail (blackstonescriminal@oup. com) with any feedback or comments so that the service can continue to be developed and improved.
Blackstone_FM.indd vii 8/24/2011 2:20:02 PM
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Abbreviations
The following abbreviations have been used in this edition:
A-G Attorney-General A-G’s Ref Attorney-General’s Reference AJA 1999 Access to Justice Act 1999 ARA Assets Recovery Agency ASBA 2003 Anti-social Behaviour Act 2003 ASBO anti-social behaviour order A-tCSA 2001 Anti-terrorism, Crime and Security Act 2001 BA 1976 Bail Act 1976 CAJA 2009 Coroners and Justice Act 2009 CCRC Criminal Cases Review Commission CDA 1998 Crime and Disorder Act 1998 CDSA 2006 Criminal Defence Service Act 2006 CJA Criminal Justice Act (dates vary) CJCSA 2000 Criminal Justice and Court Services Act 2000 CJEU Court of Justice of the European Union CJIA 2008 Criminal Justice and Immigration Act 2008 CJPA 2001 Criminal Justice and Police Act 2001 CJPO 1994 Criminal Justice and Public Order Act 1994 CLA Criminal Law Act (dates vary) CMCHA 2007 Corporate Manslaughter and Corporate Homicide Act 2007 CPIA 1996 Criminal Procedure and Investigations Act 1996 CPS Crown Prosecution Service CrimPR Criminal Procedure Rules 2011 C(S)A 1997 Crime (Sentences) Act 1997 CSO community support offi cer C-TA 2008 Counter-Terrorism Act 2008 CYPA Children and Young Persons Act (dates vary) DPP Director of Public Prosecutions DTTO drug treatment and testing order DVCVA 2004 Domestic Violence, Crime and Victims Act 2004 EAW European Arrest Warrant ECHR European Convention on Human Rights ECtHR European Court of Human Rights FA 1968 Firearms Act 1968 F(A)A Firearms (Amendment) Act (dates vary) FSMA 2000 Financial Services and Markets Act 2000 HRA 1998 Human Rights Act 1998 IPP imprisonment for public protection MCA 1980 Magistrates’ Courts Act 1980 MDA 1971 Misuse of Drugs Act 1971 OAPA 1861 Offences Against the Person Act 1861 PACA 2009 Policing and Crime Act 2009 PACE 1984 Police and Criminal Evidence Act 1984 PCC(S)A 2000 Powers of Criminal Courts (Sentencing) Act 2000 POA Public Order Act (dates vary) POCA 2002 Proceeds of Crime Act 2002 RCPO Revenue and Customs Prosecutions Offi ce
Blackstone_FM.indd ix 8/24/2011 2:20:02 PM
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Abbreviations
RDCO recovery of defence costs order RIPA 2000 Regulation of Investigatory Powers Act 2000 RTA Road Traffi c Act (dates vary) RTOA 1988 Road Traffi c Offenders Act 1988 RTRA Road Traffi c Regulation Act (dates vary) SCA 2007 Serious Crime Act 2007 SCPO serious crime prevention order SFO Serious Fraud Offi ce SGC Sentencing Guidelines Council SMD special measures direction SOA Sexual Offences Act (dates vary) SOCA Serious Organised Crime Agency SOCPA 2005 Serious Organised Crime and Police Act 2005 SOPO sexual offences prevention order TA Theft Act (dates vary) TA 2000 Terrorism Act 2000 TA 2006 Terrorism Act 2006 UNCLOS United Nations Convention on the Law of the Sea VCRA 2006 Violent Crime Reduction Act 2006 YJCEA 1999 Youth Justice and Criminal Evidence Act 1999 VOO violent offender order YOT youth offending team YRO youth rehabilitation order
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Contributors
Duncan Atkinson , Barrister 6 King’s Bench Walk, Junior Prosecuting Counsel for the Crown at the Central Criminal Court
Alex Bailin , QC, Barrister Matrix Chambers
Diane Birch , LLB JC Smith Professor of Law, University of Nottingham
Ed Cape , LLM, Solicitor Professor of Criminal Law and Practice, Bristol Law School, University of the West of England, Bristol
Anand Doobay , LLB, LLM, Solicitor Consultant, Peters & Peters
Rudi Fortson , QC, LLB, Barrister 25 Bedford Row, London Visiting Professor of Law at Queen Mary, University of London
Michael Hirst , LLB, LLM Professor of Criminal Justice, Leicester De Montfort Law School
Laura C. H. Hoyano Hackney Fellow & Tutor in Law, Wadham College, University of Oxford and Fellow of the Middle Temple
Peter Hungerford-Welch , LLB, FHEA, Barrister Assistant Dean (Professional Programmes), The City Law School, City University, London
Adrian Keane , LLB, Barrister Professor of Law and Director of Professional Programmes at The City Law School, City University, London
Andrew Keogh , LLB, LLM, Barrister, Solicitor
Michael Lerego , QC, MA, BCL, FCIArb, FHEA Fountain Court Chambers, Professor, The College of Law
Richard McMahon , QC, LLB, LLM Her Majesty’s Comptroller (Solicitor General) for Guernsey
Valsamis Mitsilegas , LLB, LLM, PhD Professor of European Criminal Law and Director of the Criminal Justice Centre, Queen Mary, University of London
Tim Moloney , QC, Barrister Tooks Chambers
Stephen Parkinson , LLB, Solicitor Partner and Head of Kingsley Napley’s Criminal and Regulatory Department
Duncan Penny, Barrister 6 King’s Bench Walk
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Contributors
Amanda Pinto, QC, MA, Barrister 5 Paper Buildings
Edward Rees , QC, LLB Doughty Street Chambers, Honorary Fellow of Criminal Process at the University of Kent
Howard Riddle Senior District Judge (Chief Magistrate)
His Honour Judge Peter Rook , QC Central Criminal Court
Maya Sikand , Barrister Garden Court Chambers
Richard D. Taylor , MA, LLM, Barrister Professor of English Law, Lancashire Law School, University of Central Lancashire
Mark Topping , LLB, RD, Solicitor Crown Advocate, Special Crime and Counter Terrorism Division, Crown Prosecution Service
Martin Wasik , CBE, LLB, MA, FRSA, Barrister Recorder of the Crown Court, Professor of Criminal Justice, Keele University
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Summary of Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi Table of Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xvii Table of Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . clv Table of Statutory Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxv Table of Practice Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxxvi Table of Codes of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxxxviii Table of Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxli Table of Protocols and Circulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ccxliv Table of International Treaties and Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ccxlv Table of European Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ccxlvii
PART A CRIMINAL LAW A1 Actus Reus : The external elements of an offence. . . . . . . . . . . . . . . . . . .…