A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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...
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
Elements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in their possession.The prosecution...
ARCHIVED: This archived Practice Note is not being maintained. Repeal and transitional provisionsRisk of Sexual Harm Orders have now been replaced by...
This Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to section 4A of the Public Order Act 1986 (POA...
The offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent arrest is an offence which can be tried in the...
The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for...
Obscene publication offencePublication and distribution of obscene material is prohibited under the Obscene Publications Act 1959 (OPA 1959). The Act...
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
What is human trafficking?The accepted definition is found in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women...
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
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