Advising individuals on serious criminal offences

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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
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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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
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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9th Nov
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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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9th Nov
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
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 Nov

Most recent Advising individuals on serious criminal offences content

Practice notes
The Modern Slavery Act 2015 (MSA 2015) provides for an offence of human trafficking for sexual exploitation. It came into force on 31 July 2015.The...
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Produced in partnership with Ben Cooper of Doughty Street Chambers 23rd Mar
Practice notes
BackgroundThe Psychoactive Substances Act 2016 (PSA 2016) received Royal Assent on 1 February 2016. Originally, the provisions were set to come into...
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Produced in partnership with 25 Bedford Row 23rd Mar
Practice notes
RobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court...
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19th Mar
Practice notes
Elements of the offence of production of a controlled drugIt is an offence to:•be concerned•in the production•of a controlled drugProduction of a...
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Produced in partnership with Red Lion Chambers 18th Mar
Practice notes
The offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will normally be dealt with...
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16th Mar
Practice notes
BurglaryIn 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...
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15th Mar
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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15th Mar
Practice notes
The offences of child abductionThe Child Abduction Act 1984 (CAA 1984) creates two child abduction offences. The first offence relates to the...
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11th Mar
Practice notes
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...
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11th Mar
Practice notes
The offence of kidnappingKidnapping is a common law offence and is triable only on indictment. It may be classified in class 2A, 2B or 3—see Criminal...
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11th Mar
Practice notes
Overview of the offences of importing and exporting Whilst the Misuse of Drugs Act 1971, s 3 (MDA 1971) provides for the prohibition on importing and...
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Produced in partnership with Red Lion Chambers 5th Mar
Practice notes
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,...
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Produced in partnership with Red Lion Chambers 5th Mar
Practice notes
This 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 26th Feb
Practice notes
Assisting or encouraging suicide since 1st February 2010The offence of suicide was abolished by section 1 of the Suicide Act 1961 (SA 1961). However,...
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Produced in partnership with Doughty Street Chambers 26th Feb
Practice notes
The 'old' law and the current lawThe old law is in three periods depending when offences were committed:•1 January 1957 to 21 December 1976 fall under...
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Produced in partnership with Doughty Street Chambers 26th Feb
Practice notes
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...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 24th Feb
Q&As
On 8 March 2015, the power to make a Sexual Offences Prevention Order (SOPO), formerly found in section 104 of the Sexual Offences Act 2003 (SOA...
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Produced in partnership with Philip Rule 8th Jan
Q&As
Authorisation for the use of the power of dispersalSection 34 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) provides that a...
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Produced in partnership with Philip Rule of No 5 Chambers 8th Jan
Practice notes
Domestic Violence Disclosure SchemeThe Domestic Violence Disclosure Scheme (DVDS), often known as Clare’s Law, was rolled out across England and Wales...
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24th Dec
Q&As
Notification requirementsThe notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage...
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6th Dec

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