Advising individuals on serious criminal offences

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Practice notes
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
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19th May
Practice notes
Categories of indecent images—summaryOffences pre-2007Before 14 May 2007, the guidelines for the sentencing of indecent image cases were to be found...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Intentional harassment, alarm or distressThis Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to...
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19th May
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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19th May
Practice notes
Failing to stop or report an accidentDrivers are under a duty to stop at the scene of an accident, provide personal details and report an accident....
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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19th May
Practice notes
Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
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19th May
Practice notes
Appeal by way of case statedA challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review...
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19th May
Practice notes
Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...
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19th May
Practice notes
Abuse of process procedureFor an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of...
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19th May
Practice notes
Procedure for making bail applications and appealsCoronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic....
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19th May
Practice notes
Obtaining disclosure of unused evidenceDuty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Custody time limitsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In...
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19th May
Practice notes
Is an arrest necessary?Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself...
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19th May

Most recent Advising individuals on serious criminal offences content

Practice notes
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
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3rd Aug
Q&As
In what circumstances can the lawful authority defence be used in a prosecution for possessing a bladed article?Section 139(4) of the Criminal Justice...
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1st Aug
Q&As
Can company directors be prosecuted as individuals for offences under sections 1 and 2 of the Modern Slavery Act 2015?In answering this Q&A, research...
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1st Aug
Q&As
What are the limits on the prosecution’s ability to rectify errors in setting the notification requirements under the Sexual Offences Act 2003...
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31st Jul
Q&As
Does a Sexual Offences Prevention Order with a specified duration come to an end automatically at the end of that term?On 8 March 2015, the power to...
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Produced in partnership with Philip Rule 31st Jul
Q&As
What happens if a threat to kill is directed towards a child? Presumably there are provisions to protect children?Under section 16 of the Offences...
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31st Jul
Q&As
What powers of dispersal are available to the police and/or a local authority under the Anti-social Behaviour, Crime and Policing Act 2014? How are...
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Produced in partnership with Philip Rule of No 5 Chambers 31st Jul
Practice notes
DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
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Produced in partnership with Kelsey Farish of DAC Beachcroft 31st Jul
Practice notes
The Domestic Violence Disclosure Scheme and domestic violence protection notices and ordersDomestic Violence Disclosure SchemeThe Domestic Violence...
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31st Jul
Practice notes
Production of a controlled drugElements of the offence of production of a controlled drugIt is an offence to:•be concerned•in the production•of a...
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Produced in partnership with Red Lion Chambers 30th Jul
Practice notes
Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...
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30th Jul
Practice notes
Offences under the Psychoactive Substances Act 2016BackgroundThe Psychoactive Substances Act 2016 (PSA 2016) received Royal Assent on 1 February 2016....
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Produced in partnership with 25 Bedford Row 30th Jul
Practice notes
Violent disorderThe offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will...
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30th Jul
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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30th Jul
Practice notes
Categories of indecent images—summaryOffences pre-2007Before 14 May 2007, the guidelines for the sentencing of indecent image cases were to be found...
Read More >
Produced in partnership with Monica Stevenson of 25 Bedford Row 30th Jul
Practice notes
Supplying a controlled drug and offering to supplyThe offence of supplying controlled drugs The section 4 of the Misuse of Drugs Act 1971 (MDA 1971)...
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30th Jul
Practice notes
Sentencing guidelines for sexual offencesThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of...
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30th Jul
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 30th Jul
Practice notes
Assault with intent to resist or prevent arrestThe offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent...
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30th Jul
Practice notes
Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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30th Jul

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