Advising individuals on serious criminal offences

Advising individuals on serious criminal offences guidance:

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may...

Practice Note

Arson Damage to property caused by fire is charged as arson. In R v Booth arson was not specified in the charge and the court ruled the indictment a nullity. The court...

Practice Note

The offence of actual bodily harm The offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the Crown Court. Most...

Practice Note

The offence of assault PC or assault on a person assisting a constable Assault on a constable (assault PC) or on a person assisting a constable are both offences which...

Practice Note

The offence of assault with intent to resist or prevent arrest Assault with intent to resist or prevent arrest is an offence which can be tried in the Magistrates' Court...

Practice Note

Assisting or encouraging suicide since 1st February 2010 The offence of suicide was abolished by section 1 of the Suicide Act 1961 (SA 1961). However, it remains an...

Practice Note

Burglary In most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court. Burglary triable only on indictment Under...

Practice Note

Offences pre- 2007 Before 14 May 2007, the guidelines for the sentencing of indecent image cases were to be found in the case of R v Oliver. This was referred to as the...

Practice Note

The offence of causing fear or provocation of violence The offence of causing fear or provocation of violence (threatening behaviour) is an offence created by section 4...

Practice Note

The offences of child abduction The Child Abduction Act 1984 (CAA 1984) creates two child abduction offences. The first offence relates to the abduction of a child by a...

Practice Note

The offences of common assault and battery Technically, the offences of assault and battery are separate summary offences. An assault is committed when the defendant...

Practice Note

The offence of false imprisonment False imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment). It...

Practice Note

The offence of kidnapping Kidnapping is a common law offence and is triable only on indictment. It may be classified in class 2A, 2B or 3—see Criminal Practice Directions...

Practice Note

What is domestic abuse? There is no statutory offence of domestic violence or domestic abuse, however, it generally refers to any incident of controlling, coercive or...

Practice Note

General Simple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence will be treated as if it were...

Practice Note

Treaty obligations to protect the rights of victims of trafficking There has been a sea-change in attitude towards prosecuting victims of trafficking since 2000, brought...

Practice Note

Possessing extreme pornography Simple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008 (CJIA 2008). This...

Practice Note

ARCHIVED: This archived Practice Note is not being maintained. Repeal of foreign travel orders and transitional provisions Foreign travel orders have now been replaced by...

Practice Note

The ‘handling’ offence Handling stolen goods is an offence that is triable either way. The elements of the offence are: • dishonestly receiving the goods, or •...

Practice Note

The basic offences of harassment under sections 1(1) and (1A) of the Protection from Harassment Act 1997 (PHA 1997) are triable only summarily. For the aggravated form of...

Practice Note

What is human trafficking? The accepted definition is found in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children,...

Practice Note

This Practice Note analyses the care worker offences brought in by sections 20 and 21 of the Criminal Justice and Courts Act 2015 (CJCA 2015). These offences have been in...

Practice Note

The criminal offences The Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the Coroners and Justice Act 2009 (CJA 2009) govern the...

Practice Note

This Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to section 4A of the Public Order Act 1986 (POA 1986), alongside the...

Practice Note

Involuntary manslaughter—introduction Manslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be...

Practice Note

The offence of murder Murder is an offence that can only be tried in the Crown Court. Elements of the offence of murder The elements of the offence of murder are: • an...

Practice Note
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