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Practice notes
Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...
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19th May
Practice notes
Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...
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19th May
Practice notes
Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the...
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19th May
Practice notes
Categories of indecent images—summaryOffences pre-2007Before 14 May 2007, the guidelines for the sentencing of indecent image cases were to be found...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Committal for sentenceSummary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or...
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19th May
Practice notes
Assault with intent to resist or prevent arrestThe offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent...
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19th May
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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19th May
Practice notes
Active bribery, passive bribery and bribing foreign public officialsThe purpose of this Practice Note is to provide a general understanding of the...
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Produced in partnership with Joanne Kane of Carmelite Chambers 19th May
Practice notes
The indictmentThe rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the...
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19th May
Practice notes
Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013What are hygiene improvement notices?Hygiene...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
Practice notes
Sexual offences prevention orders [Archived]ARCHIVED: This archived Practice Note is not being maintained. Repeal and transitional provisionsSexual...
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19th May
Practice notes
Food hygiene remedial action and detention noticesWhat is a remedial action notice?A remedial action notice is used by enforcement authorities such as...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
Practice notes
Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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19th May
Practice notes
TheftThe offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. Note,...
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19th May
Practice notes
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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19th May
Practice notes
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May

Most recent Arrest and search content

Practice notes
HMRC information powersHMRC's powers to check a person's tax position are in Schedule 36 to the Finance Act 2008.The powers enable HMRC to:•obtain...
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2nd Aug
Practice notes
Dawn raid—table of relevant authorities and the scope of their powersThis Practice Note provides a quick reference guide to the bodies that have the...
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1st Aug
Practice notes
Dealing with dawn raids by the Financial Conduct AuthorityWhat is the FCA?The Financial Conduct Authority (FCA) regulates financial services firms...
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Produced in partnership with Michael Potts of PCB Byrne 1st Aug
Practice notes
Dealing with dawn raids by the Health and Safety ExecutiveWhat is the HSE?The Health and Safety Executive (HSE) is the national regulator for...
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Produced in partnership with Michael Potts of PCB Byrne 1st Aug
Practice notes
Dealing with dawn raids by the Competition and Markets AuthorityBrexitAs of exit day (31 January 2020), the UK is no longer an EU Member State. It...
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Produced in partnership with Michael Potts of PCB Byrne and Sam Russell of PCB Byrne 1st Aug
Practice notes
Dealing with dawn raids by HM Revenue & CustomsWhat is HMRC?HM Revenue and Customs (HMRC) is responsible for the administration and collection of...
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Produced in partnership with Michael Potts of PCB Byrne 1st Aug
Practice notes
Dealing with dawn raids by the Serious Fraud OfficeWhat is the SFO?The Serious Fraud Office (SFO) investigates serious or complex frauds and...
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Produced in partnership with Michael Potts of PCB Byrne 1st Aug
Q&As
US government surveillance in the context of EU data protection lawIn Data Protection Commissioner v Facebook Ireland and Maximillian Schrems, Case...
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1st Aug
Practice notes
Dealing with dawn raids by the policeWhat type of police could I encounter?The police broadly investigate most offences in the UK. The police force in...
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Produced in partnership with Michael Potts of PCB Byrne 1st Aug
Q&As
Does the Regulation of Investigatory Powers Act 2000 apply to civil and family law proceedings and to what extent can a local authority use...
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1st Aug
Q&As
Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?In answering this query, it has been assumed that...
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1st Aug
Q&As
Can a suspect be arrested for driving with no insurance or driving while disqualified?We assume this Q&A is referring to the offence of driving with...
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1st Aug
Q&As
Under what circumstances can the police conduct a search of a vehicle and does it make any difference if the suspect was arrested inside or outside...
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1st Aug
Q&As
During the coronavirus (COVID-19) pandemic, can voluntary interviews under the Police and Criminal Evidence Act 1984 be conducted...
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1st Aug
Q&As
Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...
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1st Aug
Q&As
What powers do the police have to obtain or compel a suspect to provide a handwriting sample for comparison? What procedure applies?In answering this...
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1st Aug
Q&As
The police or regulator is conducting a search of my client’s premises but my team and I can’t attend because we are self-isolating. What can we...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 31st Jul

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