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You are here: BAILII >> Databases >> The Law Commission >> EFFECTIVE PROSECUTION OF MULTIPLE OFFENDING [2002] EWLC 277(9) (01 October 2002) URL: http://www.bailii.org/ew/other/EWLC/2002/277(9).html Cite as: [2002] EWLC 277(9)

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PART IX

OUR RECOMMENDATIONS

In this Part we set out our recommendations, with reference to the paragraphs of the report where they appear.

special verdicts for continuous offences

1.     Where a defendant has been convicted in the Crown Court of conduct which under existing law may be regarded as a "continuous offence", we recommend the use of a special verdict as a means of enabling judges to be better informed about the extent of offending of which the jury is sure.

(paragraph 6.45)

2.     In our view, offending, such as the down-loading of pornographic material involving children, in breach of the Protection of Children Act 1978, which satisfies the conditions listed in paragraph 6.7 of this report, is capable under the present law of being charged by way of a compound allegation. If it is thought appropriate to crystallise these principles so as to make them clearly applicable to offending other than theft or fraud it may be achieved by a change in the Indictment Rules.

(paragraph 6.9)

two stage trial procedure

3.     Where there are allegations of repetitious offending which are not apt to be described as a continuous offence but which, prior to Kidd,^[1] could have been dealt with by means of specimen counts we recommend a two stage trial procedure, as follows:

(1) The first stage of the trial will take place before judge and jury in the normal way, on an indictment containing specimen counts.

(2) In the event of conviction on one or more counts, the second stage of the trial may follow, at which the defendant would be tried by judge alone.

(3) The judge will, at that stage, determine questions of guilt in respect of any scheduled offences linked at a pre-trial hearing to a specimen count of which the defendant has been convicted.

(paragraph 7.104)

extension of fraudulent trading

4.     We recommend that section 458 of the Companies Act 1985 be extended to non-corporate traders.

(paragraph 8.15)

(Signed) ROBERT CARNWATH, Chairman, ^[2] HUGH BEALE STUART BRIDGE MARTIN PARTINGTON ALAN WILKIE

MICHAEL SAYERS, Secretary3 July 2002

Note 1    [1998] 1 WLR 604.    [Back]

Note 2    At the date this report was signed, the Chairman of the Commission was the Right Honourable Lord Justice Carnwath CVO.    [Back]