Advising individuals on serious criminal offences

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The proper approach of the court on appeals under Medical Act 1983, s 40 (Sastry v GMC)

The following Corporate Crime news provides comprehensive and up to date legal information on The proper approach of the court on appeals under Medical Act 1983, s 40 (Sastry v GMC)

Financial and trade sanctions—tracking UK-EU divergence

The following Banking & Finance news provides comprehensive and up to date legal information on Financial and trade sanctions—tracking UK-EU divergence

City urges government to stop scams with Online Safety Bill

The following Corporate Crime news provides comprehensive and up to date legal information on City urges government to stop scams with Online Safety Bill

What do the Serco acquittals mean for disclosure and DPAs?

The following Corporate Crime news provides comprehensive and up to date legal information on What do the Serco acquittals mean for disclosure and DPAs?

Featured Corporate Crime content

Obtaining third-party disclosure in criminal proceedings

Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...

Civil tax fraud investigations—Code of Practice 9

Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...

Application to dismiss

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...

Fraud by failure to disclose and abuse of position

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...

Practice notes

Indications on sentence

Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...

9th Nov

Practice notes

Appeal by way of case stated

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....

9th Nov

Practice notes

Stages of a summary trial

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

In-house

Practice notes

Voluntary bill of indictment

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...

9th Nov

Practice notes

Perverting the course of justice

Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...

Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan

Practice notes

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...

9th Nov

Practice notes

Corporate criminal liability

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...

9th Nov

Practice notes

Crown Court bail application

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Practice notes

Competence and compellability of witnesses in criminal proceedings

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...

9th Nov

Practice notes

Trials under the Scottish solemn procedure

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Possession of a bladed article

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...

9th Nov

Practice notes

Common assault and battery

The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...

9th Nov

In-house

Practice notes

Fraud by false representation

Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...

9th Nov

Practice notes

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

9th Nov

Practice notes

Automatism

Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...

9th Nov

Practice notes

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...

9th Nov

Most recent Advising individuals on serious criminal offences content

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 Act 1988 provides a defence for the accused to prove that he had good reason or lawful authority for having the...

6th Dec

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 Against the Person Act 1861 (OATPA 1861), a person who without lawful excuse makes to another a threat, intending...

6th Dec

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 has been limited to cover offences under section 1 and 2 of the Modern Slavery Act 2015 (MSA 2015) and other possible...

6th Dec