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Professor Jeremy Horder was appointed as Criminal Commissioner in January 2005 for up to five years. Jeremy was Reader in Criminal Law at Worcester College Oxford from 2000. He was Chairman of the Oxford University Faculty of Law 1998-2000 and a Junior Research Fellow at Jesus College Oxford from 1987-89.
The Team
Christina Hughes (team manager)
Raymond Emson (lawyer)
Simon Tabbush (lawyer)
Clare Wade (lawyer)
Robert Dickason (research assistant)
Joanna Dawson (research assistant)
Marie-Aimee Brajeux (research assistant)
Ongoing Projects
The High Court's Jurisdiction in Relation to Criminal Proceedings
The High Court has the power to judicially review decisions in the Crown Court, except in "matters relating to trial on indictment" (s.29(3) Supreme Court Act 1981). This project considers how to resolve the difficulties that have been experienced in applying these exclusionary words. We are also considering how this review of jurisdiction could be best transferred to the Court of Appeal (Criminal Division) to streamline procedures in criminal cases through a single line of criminal courts.
In July 2005 we published a scoping paper. We published a consultation paper on 30 October 2007. We hope to publish a final report and draft Bill in 2009.
Further information is available on the project page.
Codification of the General Principles of Criminal Law
We are revisiting Part 1 of the Draft Criminal Code of 1989, and are focusing therefore on: external elements of offences (including causation); fault (including intoxication); corporate liability; defences; incapacity and mental disorder; and the inchoate offences of conspiracy and attempts.
Further information is available on the project page. The projects on (a) conspiracy and attempts, and (b) unfitness to plead and the insanity defence have their own pages.
Bribery
On 6 March 2007 the Government provided terms of reference to the Law Commission for a review of the law of bribery. Building upon a previous report, Legislating the Criminal Code: Corruption (LC248), our review considers a full range of structural options. We published a consultation paper on 29 November 2007 and we hope to publish a final report in late 2008.
Further information is available on the project page.
Conspiracy and Attempts
This project addresses the imposition of criminal liability on those who agree to or attempt to commit offences. We published a consultation paper on 10 October 2007.
Further information is available on the project page.
Corporate Criminal Liability
This project addresses the circumstances in which a corporate body can be held criminally liable. Our work in relation to bribery has confirmed our view that a general review of the law of corporate criminal liability is essential. We intend to publish a consultation paper in late 2009.
Further information is available on the project page.
Expert Evidence in Criminal Trials
The rules on the admissibility of expert evidence may play an important part in criminal trials. If expert evidence is admitted or excluded from a trial when it should not be, or is misunderstood, a miscarriage of justice may result
This project will be undertaken pursuant to the Commission's recent Tenth Programme commitment to clarify and improve the law of criminal evidence, carried over from our Ninth Programme.
We are planning to publish a consultation paper on the admissibility of expert evidence in late 2008.
Further information is available on the project page.
Unfitness to Plead and the Insanity Defence
The current law is based on rules formulated in the first half of the nineteenth century when the science of psychiatry was in its infancy. Those rules are in need of reform. Important issues to be considered include the scope of a trial of the facts following a finding of unfitness to plead and the relationships between automatism, insanity and diminished responsibility.
Further information is available on the project page.
Intoxication and Criminal Liability
We intend to publish a report later in 2008.
Further information is available on the project page.
Recently Completed Projects
Murder
We published a report containing our recommendations on 29 November 2006.
Further information is available on the project page.
Assisting and Encouraging Crime
Those who encourage or assist others to commit offences are called "accessories" and the doctrine that makes them criminally liable is known as "secondary liability". The doctrine is complicated, uncertain and anomalous, particularly that part related to "joint enterprise". We published a report containing our recommendations on 10 May 2007. Those recommendations were reflected in Part 2 of the Serious Crime Act 2007.
Further information is available on the project page.
Further Implementation News
Report on Offences against Religion and Public Worship (LC145, published in 1985)
The principal recommendation of this report has made its way on to the statute book after 23 years. The repeal of blasphemy and blasphemous libel, as recommended, was effected by section 79 of the Criminal Justice and Immigration Act 2008. It is due to come into force on 8 July 2008.
For more information, contact the Criminal Law team.
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