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Vol 24 No 7 July/August 2019

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This book is now Out of Print.
A new edition was published, see:
Archbold: Criminal Pleading, Evidence and Practice 2017 isbn 9780414056497

Archbold: Criminal Pleading, Evidence and Practice 2016

Edited by: P. J. Richardson

ISBN13: 9780414050242
New Edition ISBN: 9780414056497
Previous Edition ISBN: 9780414033894
Published: November 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & Supplements
Price: Out of print

Also available as
+ £82.00 VAT

With over 190 years' authority informing every page, Archbold is the reference work to cite in court, adding weight and credibility to your arguments. It concentrates on what the law is, rather than what it ought to be, covering both substantive law and the practice and procedure of the Crown Court. Separate chapters cover each indictable offence in depth, from forgery to murder, enhancing your understanding of the crimes relevant to your current cases.

Supplemented three times a year Archbold keeps you abreast of the latest developments in criminal law, from case law to new Statutory Instruments. Ten copies a year of the Archbold Review bulletin provides insight into the latest discussions surrounding developments in criminal law and practice from your colleagues and peers.

  • Supplement 3 was published in July 2016
  • Supplement 2 was published in March 2016
  • The Main Work & Supplement 1 was published in November 2015 You know as well as we do how quickly the law changes, and so you can stay completely up to date with the latest developments via the Archbold eUpdate, a weekly email alert containing all the relevant updates in criminal law that impact Archbold, cross-referenced by paragraph to the mainwork.. What's more, the content is archived online so you can access the latest information at anytime.


    • Criminal Justice and Courts Act 2015 – this Act creates several new offences, including disclosing private sexual photographs or films with intent to cause distress (“revenge porn”), jury misconduct offences (in the Juries Act 1974), and the corrupt or other improper exercise of police powers and privileges (Chap. 31). It also amends the Prosecution of Offences Act 1985 to introduce the controversial criminal courts charge (Chap. 6), alters sentencing powers for certain serious offences, and makes a host of other amendments relating to criminal justice, all covered in the new edition.
    • Modern Slavery Act 2015 – this substantial new Act (see Chap. 19) includes the consolidation of the existing offences of slavery and human trafficking, an increase in the penalties for those offences, and the introduction of a statutory defence for slavery or trafficking victims compelled to commit criminal offences and new civil “slavery and trafficking prevention and risk” orders. Prosecution of the new offences is likely to become commonplace, rendering the Act of central importance for law enforcement and the courts.
    • Serious Crime Act 2015 – another wide-ranging Act which creates several new offences, including a hacking offence (in the Computer Misuse Act 1990), participating in the criminal activities of an organised crime group, sexual communication with a child (in the Sexual Offences Act 2003), possession of a paedophile manual, and controlling or coercive behaviour in intimate or family relationships. Among the numerous amendments to existing legislation covered in the latest edition, significant changes are made to the Female Genital Mutilation Act 2003 and the confiscation regime.
    • Criminal Procedure Rules 2015 – together with reissued Criminal Practice Directions (set out in Appendix B), both now substantially reorganised and amended.
    • Criminal Legal Aid (Remuneration) Regulations – important amendments to the 2013 regulations covered in Appendix G.

  • Subjects:
    Criminal Law, Courts and Procedure

    Counter-Terrorism and Security Act 2015
    Criminal Justice and Courts Act 2015
    Deregulation Act 2015
    Modern Slavery Act 2015
    Serious Crime Act 2015


    Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
    7, Saving and Transitional Provisions) Order 2014 (S.I.
    2014 No.
    Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
    7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I.
    2014 No.
    Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.
    8, Saving and Transitional Provisions) Order 2015 (S.I.
    2015 No.
    Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I.
    2015 No.
    Coroners and Justice Act 2009 (Commencement No.
    17) Order 2015 (S.I.
    2015 No.
    Costs in Criminal Cases (General) (Amendment) Regulations 2015 (S.I.
    2015 No.
    12) (§ 6-81)
    Crime and Courts Act 2013 (Commencement No.
    13 and Savings) Order 2015 (S.I.
    2015 No.
    Criminal Justice and Courts Act 2015 (Commencement No.
    1, Saving and Transitional Provisions) Order 2015 (S.I.
    2015 No.
    Criminal Justice and Data Protection (Protocol No.
    36) Regulations 2014 (S.I.
    2014 No.
    Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I.
    2014 No.
    Criminal Justice (Specified Class B Drugs) Order 2015 (S.I.
    2015 No.
    Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2015 (S.I.
    2015 No.
    Criminal Legal Aid (General) (Amendment) Regulations 2015 (S.I.
    2015 No.
    Criminal Legal Aid (Remuneration) (Amendment) (No.
    2) Regulations 2014 (S.I.
    2014 No.
    Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I.
    2015 No.
    Criminal Procedure Rules 2015 (S.I.
    2015 No.
    Deregulation Act 2015 (Commencement No.
    1 and Transitional and Saving Provisions) Order 2015 (S.I.
    2015 No.
    Drug Driving (Specified Limits) (England and Wales) Regulations 2014 (S.I.
    2014 No.
    Legal Aid, Community Legal Service and Criminal Defence Service (Amendment) Regulations 2015 (S.I.
    2015 No.
    Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No.
    11) Order 2015 (S.I.
    2015 No.
    Misuse of Drugs Act 1971 (Amendment) Order 2015 (S.I.
    2015 No.
    Misuse of Drugs Act 1971 (Amendment) (No.
    2) Order 2015 (S.I.
    2015 No.
    Modern Slavery Act 2015 (Commencement No.
    1, Saving and Transitional Provisions) Regulations 2015 (S.I.
    2015 No.
    Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I.
    2015 No.
    Money Laundering (Amendment) Regulations 2015 (S.I.
    2015 No.
    Offender Rehabilitation Act 2014 (Commencement No.
    2) Order 2015 (S.I.
    2015 No.
    Police and Criminal Evidence Act 1984 (Remote Reviews of Detention) Regulations 2014 (S.I.
    2014 No.
    Policing and Crime Act 2009 (Commencement No.
    10, Transitional Provision and Savings) Order 2015 (S.I.
    2015 No.
    Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I.
    2015 No.
    Protection of Freedoms Act 2012 (Code of Practice for Powers of Entry and Description of Relevant Persons) Order 2015 (S.I.
    2015 No.
    Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2014 (S.I.
    2014 No.
    Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2014 (S.I.
    2014 No.
    Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I.
    2015 No.
    Road Safety Act 2006 (Commencement No.
    11 and Transitional Provisions) Order 2015 (S.I.
    2015 No.
    Serious Crime Act 2015 (Commencement No.
    1) Regulations 2015 (S.I.
    2015 No.
    Serious Crime Act 2015 (Commencement No.
    2) Regulations 2015 (S.I.
    2015 No.
    Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2015 (S.I.
    2015 No.
    Youth Justice and Criminal Evidence Act 1999 (Commencement No.
    14) (England and Wales) Order 2015 (S.I.
    2015 No.


    The Criminal Practice Directions 2015
    The Practice Direction (Costs in Criminal Proceedings) 2015


    Code A under the Police and Criminal Evidence Act 1984 (exercise by police officers of statutory powers of stop and search (2015 revision)


    Abuse of process, multiple prosecutions on the same facts, R. v. Antoine (Jordan)
    Abuse of process, retention of exhibits, Clay v. South Cambridgeshire JJ.
    Administering of poison, etc., so as to endanger life, unborn children, Criminal Injuries Compensation; Authority v. First-Tier Tribunal (Social Entitlement Chamber)
    Advance indication of sentence, R. v. Martin
    Alteration of sentence, mental health, R. v. Catchpole
    Alternative verdicts, R. v. Vaughan
    Appeal, bias, police officers as jurors, Armstrong v. U.K.
    Appeal, conduct of counsel, R. v. McCook
    Appeal, loss of time orders, R. v. Gray
    Appeal to Court of Appeal, “criminal cause or matter”, R. (Panesar) v. Central Criminal Court
    Bad character, defendants aged 20, R. v. Clark (Lucy)
    Bad character, important matter in issue between defendant and co-defendant, R. v. Daly
    Bad character, “reprehensible behaviour”, R. v. M.
    Bad character, whether legitimate to go behind previous agreed basis of plea, R. v. Wynes
    Case management, exclusion of evidence, ending prosecution, R. v. Boardman
    Case management, prosecution failure to disclose evidence, abuse of process, R. v. S. (D.) and S. (T.)
    Causing death by driving, foreign drivers, sentence, R. v. Fleury
    Causing serious injury by dangerous driving, sentence, R. v. Buckle
    Causing serious injury by dangerous driving, disqualification, R. v. Ellis
    Closing speeches, unrepresented defendant, R. v. Cojan
    Confessions without benefit of legal advice, compatibility with ECHR, Ibrahim v. U.K.
    Community impact statements, R. v. Skelton
    Compensation order, R. v. Carrington
    Compensation order, together with confiscation order, R. v. Beaumont
    Confiscation order, benefit, fresh proceedings, R. v. Chahal
    Confiscation order, jointly held property, R. v. Dad (Amer Hussain), Dad (Nadeem) and Dad (Munsif)
    Confiscation order, overseas property, R. v. Sheidu
    Confiscation order, postponement, forfeiture order, R. v. Guraj
    Confiscation order, proceedings in absence of the accused, R. v. Ali (Salah)
    Confiscation order, valuation of benefit, R. v. Elsayed
    Contempt, counsel, Re West (Ian Stuart) (a barrister)
    Costs, “as a result of an unnecessary or improper act”, Evans v. Serious Fraud Office
    Costs, award against third parties, R. v. Capita Translation and Interpreting Ltd
    Costs, private prosecutions, R. v. Zinga (Costs) (Practice Note)
    Costs, special preparation, R. v. French
    Cross-examination, child or vulnerable witness, multi-handed trials, R. v. Jonas
    Cross-examination, vulnerable witnesses, R. v. Lubemba, R. v. P. (J.)
    Custody time limits, extension, R. (Campbell-Brown) v. Central Criminal Court
    Diminished responsibility, uncontradicted medical evidence, R. v. Brennan
    Disqualification from driving (non-motoring offences), R. v. Ketteridge
    “Double jeopardy”, length of custodial sentence, Att.-Gen.’s Reference (No.
    45 of 2014) (R. v. Afzal), R. v. Afzal and Malik
    Drugs, supply, R. v. Martin and Brimecome
    Drugs guideline, conspiracy offences, R. v. Khan
    Drugs guideline, “skunk” offences, R. v. Dang
    Encouraging or assisting suicide, compatibility with ECHR, Nicklinson v. U.K., Lamb v. U.K.
    Expert evidence, mental state and I.Q., R. v. Jackson-Mason
    Expert evidence, reliability of witness, R. v. H.
    Explosives, sentence, attacks on ATMs, Att.-Gen.’s References (Nos 74 to 78 of 2014)
    False imprisonment and kidnapping, sentence, Att.-Gen.’s References (Nos 92 and 93 of 2014) (R. v. Gibney)
    Firearms, possession of prohibited weapons, concurrent or consecutive sentencing, R. v. Lewis and R. v. Gribbin
    Firearms, special exemptions, R. v. Shahabi-Shack
    Fitness to plead, “objective evidence”, R. v. Wells, R. v. Masud, R. v. Hone, R. v. Kail
    Good character directions, R. v. Hunter (Nigel), R. v. Saruwu (Joseph), R. v. Johnstone (Ian), R. v. Walker (Alan), R. v. Lonsdale (Paul)
    Guilty plea, first reasonable opportunity, amnesia, R. v. Creathorne
    Hearsay, Horncastle v. U.K.
    Hearsay, res gestae principle, Barnaby v. DPP
    Hearsay, witness “cannot be found”, R. v. M.
    Hospital and limitation directions, R. v. Poole
    Hospital orders, R. v. Vowles
    Human rights, respect for private and family life, terrorism, port and border control, Beghal v. DPP (Secretary of State for the Home Department intervening)
    Human rights, retention of personal data, R. (Catt) v. Association of Chief Police Officers of England, Wales and Northern Ireland (Equality and Human Rights Commission intervening), R. (T.) v. Commr of Police of the Metropolis (Secretary of State for the Home Department intervening)
    Indecent images of children, dangerous offender provisions, R. v. Cheshire
    Indictment, defects, R. v. Clarke (Dean)
    Indictment, duplicity, R. v. A.
    Inferences, failure to give evidence, R. v. Rafik
    Inferences, silence following legal advice, R. v. Sakyi
    Legal aid for witness opposing issue of witness summons, M. v. Director of Legal Aid Casework
    Live link directions, defendant, R. v. Rahman
    Manslaughter, R. v. F. (J.) and E. (N.)
    Misconduct in public office, R. v. A.B.C., E.F.G. and I.J.K., R. v. Sabey
    Mode of trial, child or young person, R. (DPP) v. South Tyneside Youth Court
    Money laundering, meaning of “criminal property”, R. v. G.H.
    Murder, loss of control, R. v. Gurpinar, R. v. Kojo-Smith and Caton
    Murder, whole-life terms, R. v. Reynolds (Jamie), R. v. Rosser (Anwar)
    Murder, whole-life terms, compatibility with ECHR, Hutchinson v. U.K.
    Plea of guilty, change of basis after prosecution error, R. v. Bergin
    Reduction in litigators’ fees, R. (London Criminal Courts Solicitors’ Association and Criminal Law Solicitors’ Association) v. Lord Chancellor
    Reporting restrictions, right to fair trial, R. (Wang Yam) v. Central Criminal Court
    Retrial, following two jury disagreements, R. v. Burton
    Search warrant, disclosure, R. (Mills and Mills) v. Sussex Police and Southwark Crown Court
    Search warrant, serious breaches, R. (Chatwani) v. National Crime Agency and Birmingham Magistrates’ Court
    Sentence, advance indication, Att.-Gen.’s Reference (No.
    85 of 2014) (R. v. A.)
    Sentence, bail, time spent subject to curfew, R. v. Thorsby, R. v. Glasson, R. v. Pilkington, R. v. Robinson
    Sentence, discount for guilty plea, R. v. Claydon
    Sentence, guideline on bail offences, sentencing outside recommended range, R. v. Armaselu
    Sentence, guideline on burglary offences, multiple participants as an aggravating factor, R. v. Blaydes
    Sentence, guideline on drug offences, conspiracy to supply, taking account of purity levels, R. v. Kelly
    Sentence, guideline on drug offences, “street dealing” categorisation, R. v. Williams
    Sentence, guideline on sexual offences, rehabilitation, alternatives to custody, R. v. Jones (David William)
    Sentence, minimum term, “unjust”, R. v. Gallone
    Sentence, minimum term, youthfulness, R. v. De Silva
    Sentencing guidelines, mentally disordered offenders, R. v. Balogh
    Sexual history evidence, R. v. All-Hilly
    Sexual offences, historic cases, R. v. Clifford (Frank Maxwell)
    Taxation, graduated fee scheme, pages of prosecution evidence, R. v. Dodd, R. v. Sana and R. v. Furniss
    Taxation, graduated fee scheme, retrials, R. v. Connors
    Theft guideline, interpretation of “vulnerable” victim, R. v. Sayed
    Trial without jury, Misick v. The Queen
    Voluntary bill of indictment, Serious Fraud Office v. Evans (No.
    Voluntary bill of indictment, costs, R. v. Evans (Eric) (No.
    2), Serious Fraud Office v. Evans (No.
    Voluntary bill of indictment, costs, quantum, Evans v. Serious Fraud Office