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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 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
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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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 Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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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
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
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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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 9th Nov
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
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 Nov
Practice notes
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Arrest and search content

Practice notes
HMRC can investigate suspected tax-related criminal offences in England and Wales using the powers, and subject to the safeguards, in the Police and...
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30th Nov
Practice notes
HMRC's information powers in Schedule 36 to the Finance Act 2008 (FA 2008) (see Practice Note: HMRC information powers) are supplemented by...
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29th Nov
Practice notes
HMRC's powers to check a person's tax position are in Schedule 36 to the Finance Act 2008.The powers enable HMRC to:•obtain documents and information,...
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Produced in partnership with Cathya Djanogly 29th Nov
Practice notes
FORTHCOMING CHANGE: Finance Bill 2020–21 will introduce a new ‘financial institution notice’ (FIN) that can require financial institutions to provide...
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29th Nov
Practice notes
Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...
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Produced in partnership with Brown Rudnick LLP 29th Nov
Practice notes
Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...
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Produced in partnership with Sara Cody of Linklaters 29th Nov
Practice notes
The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter...
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28th Nov
Q&As
For the purposes of this Q&A we have not considered marketing and employment issues.Civil proceedingsThe question of admissibility of evidence in...
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28th Nov
Practice notes
What is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is...
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Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings 26th Nov
Practice notes
BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The...
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Produced in partnership with Bryan Cave Leighton Paisner LLP 23rd Nov
Practice notes
Although the Investigatory Powers Act 2016 (IPA 2016) repealed and replaced the majority of the Regulation of Investigatory Powers Act 2000 (RIPA...
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20th Nov
Practice notes
Where more than one enforcement agency is responsible for the investigation and/or prosecution of criminal offences, the authorities often sign a join...
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20th Nov
Q&As
In Data Protection Commissioner v Facebook Ireland and Maximillian Schrems, Case C-311/18 (Schrems II), the Court of Justice of the European Union...
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19th Nov
Practice notes
The Investigatory Powers Act 2016 (IPA 2016) provides the existing legal framework governing the use of covert surveillance by public bodies. This...
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Produced in partnership with Carolina Bracken of 5 Paper Buildings 27th Oct
Practice notes
This Practice Note deals with the compulsory power to provide documents under section 2 of the Criminal Justice Act 1987 (CJA 1987) (section 2...
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23rd Oct
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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23rd Oct
Practice notes
The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where...
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21st Oct
Practice notes
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits a court to draw adverse inferences where a defendant relies on facts in their...
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19th Oct
Practice notes
The aim of this Practice Note is to provide some guidance on the principles of legal professional privilege (LPP) as they apply in criminal...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 19th Oct

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