Arrest and detention

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Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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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
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
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...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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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
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
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
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
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...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 9th Nov
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Nov

Most recent Arrest and detention content

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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1st Dec
Practice notes
Identifying suspects of crimeA priority for corporate and high profile clients is that their reputation remains untarnished should they be...
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Produced in partnership with Ben Brocklehurst of Byrne and Partners LLP 14th Oct
Q&As
We assume this Q&A is referring to the offence of driving with no insurance contrary to section 143 of the Road Traffic Act 1988 (RTA 1988) and...
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28th Sep
Q&As
We have limited our research to cover searches conducted under Police and Criminal Evidence Act 1984 (PACE 1984).The power under PACE 1984, s 32 to...
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28th Sep
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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26th Sep
Practice notes
There are two types of conflict: own interest conflicts and client conflicts of interest. This Practice Note explains when you can act if there is or...
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26th Sep
Practice notes
The lawyer's role in an investigationA defence lawyer has the responsibility as an adviser to act in the best interests of their client, upon their...
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25th Sep

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