Recent developments in criminal law

Where a statute creates new offences, or alters existing offences, it is now usual to abolish pre-existing offences. In addition, the statute might include a transition provision to facilitate the prosecution of offences committed prior to its coming into force. The Non-Fatal Offences against the Person Act, 1997 abolished a number of common law offences but it did not contain a transition provision. Doubts arose as to whether an accused could be prosecuted in relation to conduct committed prior to the act for the common law offence once the act had come into force (The People v Kavanagh, Special Criminal Court, 29/10/97; Quinlivan v Governor of Portlaoise Prison, High Court, 9//12/97).