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

STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence...

Practice Note

The offence of causing fear or provocation of violence The offence of causing fear or provocation of violence is an offence created by the Public Order Act 1986 (POA...

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 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

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

Practice Note