The Implementation of the Criminal Justice and Public Order Act 1994 is now underway with new provisions being brought into force each month.

Not only do these require a knowledge of the new law, but many will require the introduction of new office procedures if solicitors' clients are not to be disadvantaged.

Critical provisions came into force on 3 February, 1995.SentencingUnder s.48 of the Act, a court, in determining what sentence to pass on an offender who has pleaded guilty to an offence shall take into account: (a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty; and (b) the circumstances in which this indication was given.Solicitors will therefore wish to give the indication of a guilty plea at the earliest proper moment, so that the maximum discount is earnt.

However, there are dangers in giving too early an indication.

Many people already plead guilty to offences which they have not in law committed, and others are allowed to enter a guilty plea although there is no evidence sufficient to prove their guilt.To avoid this risk solicitors will ensure that they have full disclosure before the plea is indicated.

The court should be notified of any delays in the receipt of that information, with a letter confirming the plea being sent as soon as an informed decision can be made, or necessary discussions with the prosecution have been concluded.

A copy of any letter indicating a guilty plea should also be sent to the relevant probation office.This is particularly important because of the provisions of para 40 of sched 9 to the Act.

For those who are 18 years of age and over the obligation upon a court to obtain and consider a pre-sentence report before forming an opinion as to sentence does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.The position is the same for an offender under the age of 18 years if they face an offence which is triable only on indictment.

However, in other cases the court remains under an obligation for this age group to obtain a pre-sentence report, unless there is a previous report obtained in respect of the offender, and the court has regard to the information contained in that report.These provisions are full of dangers for defendants where a court wishes to proceed rapidly to sentence.

Yet pre-sentence reports have had a significant impact in reducing the number of custodial penalties, and even where such penalties are inevitable have an important effect on prison allocation and parole eligibility.

The need to notify a likely guilty plea will be particularly significant with the introduction of plea and directions hearings in the Crown Court, as the guilty plea will normally be dealt with at that hearing.Para 43 of sched 9 to the Act also came into force on 3 February.

This introduces a new s.20A into the Criminal Justice Act 1991, making it an offence for a person who is charged with an offence to make a false statement as to his financial circumstances in response to an official request.

Solicitors will need to exercise considerable caution to ensure that they do not become party to such an offence.An official request includes any request for financial information made by a clerk to the court, and a solicitor responding to such a request will wish to ensure that there is clear written evidence to support any representation he or she makes about a client's financial position.Young offendersThe courts have now been given significantly increased powers to sentence young offenders.

Although it will not be possible for secure training orders to be made for sometime yet, other changes are already in force.

With effect from 9 January 1995, the scope of s.53(2) of Children and Young Persons Act 1933 is widened to give the courts powers to impose long terms of detention up to the maximum term of imprisonment allowed in the case of an adult so that the following additional groups are now also covered.First, 10 to 13-year-olds convicted of any offence which, in the case of an adult, carries a sentence of imprisonment of 14 years or more; the provision only previously applied to this age group in the case of murder or manslau ghter.

Secondly, 10 to 15-year-olds convicted of indecent assault upon a woman; formerly only 16 or 17-year-olds were caught by this part of the provision.From 3 February 1995 the maximum length of detention in young offender institutions for those aged 15, 16 and 17 has been increased to 24 months.

This is likely to result in an increase in the number of young offenders committed from the youth court to the Crown Court for sentence, as the powers of the youth court have not been increased; the maximum powers of that court remain six months in the case of a single offence, with an overall maximum of 12 months.

Solicitors will need to consider the possibility of a committal where a court may feel that a total sentence of between 12 and 24 months is appropriate.When the court imposes a community sentence on an offender of 17 years or below it may now include a provision that the offender's parent or guardian shall be bound over to ensure that the offender complies with the requirement of that sentence.The position of young offenders upon arrest is affected by the implementation of ss.

24 and 23 of the Act.

Where an arrested juvenile is charged with an offence and a custody officer is unwilling to authorise a release from police detention, the ability to insist on the availability of secure accommodation is now extended to include all those of 12 years of age, rather than those of 15 years of age as was previously the case.In addition, a new s.23A is introduced into the Childrens and Young Persons Act 1969 so that where a person has been remanded to local authority accommodation and additional conditions have been imposed, a power of arrest now exists if the constable has reasonable grounds for suspecting that those conditions have been broken.EvidenceFrom 3 February a child's evidence shall be received, unless it appears to the court that the child is incapable of giving intelligible testimony (para 33, sched 9 to the Act amending s.33A of the Criminal Justice Act 1988).

By ss.32 and 33 of the Act the requirements for a 'corroboration warning' in relation to the evidence of accomplices, and in relation to sexual offences are abrogated.This does not mean that in appropriate case an advocate should not urge caution upon a court in the absence of some supporting evidence, or that a judge may not give a similar warning to a jury.

However, the technical requirements of the old rules no longer prevail.JurisdictionOffences committed after 3 February 1995 involving criminal damage or aggravated vehicle taking, where the only aggravating factor is the existence of damage, are either way offences that can only be tried summarily if it appears to the magistrates court that the value involved does not exceed the sum of £5000, rather than £2000 as was previously the case.A summarised view of the more important provisions of the Act now in force is set out below.Crown Court - plea and directions hearingsPlea and directions hearings are now being introduced rapidly throughout the country.

Crown Court preparation work should begin whilst a case is still in the magistrates court.

Legal aid must first be obtained.Reg 40 of the Legal Aid in Criminal & Care Proceedings (General) Regulations 1989 allows for the appropriate cover from the moment that an indictable only matter is preferred, or from mode of trial in either way cases.

To distinguish the relevant work for the different bills it may be convenient to open a second (Crown Court) file at that stage.The early identification of appropriate pleas, and of issues referred to in the judge's questionnaire is particularly important.

If necessary conferences must be arranged with the trial advocate as soon as all relevant material has been disclosed.If a significant guilty plea is identified the probation service should be notified, so that a pre-sentence report will be available at the directions hearing where sentence will be passed.

The court should also be advised to earn the maximum discount under s.48 of the Criminal Justice and Public Order Act 1994It will be important at committal to note the fixed date at which the matter will be listed in the Crown Court, and if there is to be a trial to make at least two further diary entries of key dates.The first will be such as to allow notification at least 14 days before that hearing, of the witness orders that will be required; the second, at least seven days before the hearing, to identify for the court issues on which directions are required.

If a solicitor is unable to obtain instructions the Crown Court should be asked to list the matter for mention.Where the case is to proceed to trial the matters to be addressed at the plea and directions hearing are listed below.

None of these requirements waive a defendant's entitlement to keep matters confidential when so advised.Issues(a) Resolution of acceptable pleas;(b) The issues in the case;(c) Any mental or medical conditions of the defendant or witnesses that are relevant;(d) Any issues as to the admissibility of the evidence (with appropriate case law);(e) Any issues of law;(f) Any issues of public interest immunity or disclosure.Witnesses(a) Number of witnesses required for the prosecution and defence and whether oral or in writing;(b) Whether any defence witnesses have been served and agreed by the prosecution;(c) Any expert witnesses;(d) Any additional prosecution witnesses;(e) Any s.10 admissions;(f) Witness availability and dates to avoid;Papers(a) Exhibits or schedules to be admitted;(b) Transcripts or summaries to be agreed;(c) Order and pagination of papers and the order of witnesses;(d) Notice of alibi.Facilities(a) TV link;(b) Video evidence;(c) Screens;(d) Tape playback;Trial(a) Estimated length;(b) Other cases involving defendant;(c) Advocate availability;(d) Further directions;(e) Further work by the parties.

Arraignment will take place at the plea and directions hearing and sureties should be warned to attend.PROVISIONS IN FORCE-- 3.11.94: ss 5-15; 61; 63; 65; 68-71; 77-80; 81; 83; 90; 93-101; 126-128; 142-147; 150; 158(1)(3)(4); 166; 167; 171; sched 9 p 46;-- 19.12.94: s 159(in part);3.1.95: s 82;-- 9.1.95: ss 16; 151 sched 9 p 34; 41; ord (no 3) s 52; ord (no 4) s 172(2);-- 3.2.95: ss 17; 18; 23; 24; 31; 32; 33; 40-43; 46-51; 64(1)-(3); 66-67; 72-74; 84-87; 88-91; 92; 102-117; 129-135; 136-141; 152-155; 157; 160-164; sched 9 para 1-33; 35-37(pt); 39-40; 42-45; 47-53;-- 10.4.95: The critical provisions on bail, inferences from silence and samples will be brought into force.