Advising individuals on serious criminal offences

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Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Advising individuals on serious criminal offences content

Practice notes
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...
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15th Apr
Practice notes
The child sex offences are principally set out at sections 5–8 of the Sexual Offences Act 2003 (SOA 2003). These are: •sexual assault of a child under...
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13th Apr
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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12th Apr
Practice notes
The offence of riot was created by the Public Order Act 1986 (POA 1986). It is triable only in the Crown Court.Proceedings for riot or incitement to...
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9th Apr
Practice notes
GeneralSimple 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...
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9th Apr
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Apr
Practice notes
ARCHIVED: This archived Practice Note is not being maintained. Repeal of foreign travel orders and transitional provisionsForeign travel orders have...
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9th Apr
Practice notes
The criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the Coroners and Justice Act 2009...
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9th Apr
Practice notes
Offences pre-2007Before 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...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 9th Apr
Practice notes
The offence of supplying controlled drugs The section 4 of the Misuse of Drugs Act 1971 (MDA 1971) creates several supply offences.Under MDA 1971, s...
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9th Apr
Practice notes
Gross negligence manslaughter is a common law offence and occurs when the offender:•is in breach of a duty of care towards the victim•the breach...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 9th Apr
Practice notes
The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for...
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9th Apr
Practice notes
On 13 April 2015, section 33 of the Criminal Justice and Courts Act 2015 (CJCA 2015) came into force, making it illegal to show or distribute sexual...
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Produced in partnership with BCL Burton Copeland 9th Apr
Practice notes
The offence of unlawful wounding or inflicting grievous bodily harmThe offence of unlawful wounding or inflicting grievous bodily harm (GBH) can be...
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9th Apr
Practice notes
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...
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9th Apr
Practice notes
The old law and the new law of rapeThroughout this Practice Note, reference is made to the old and new law of rape. The old law is divided into three...
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9th Apr
Practice notes
The offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. Note, however,...
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9th Apr
Practice notes
What are notification requirements?The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003)...
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9th Apr
Practice notes
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...
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Produced in partnership with Jeannie Mackie of Doughty Street Chambers 9th Apr
Practice notes
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...
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9th Apr

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