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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
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
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....
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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
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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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
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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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 12th Jan
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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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 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 12th Jan
Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
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),...
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9th Nov
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 Powers of investigator content

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 5th May
Practice notes
Natural Resources Wales (NRW) is the principal regulator responsible for the enforcement of environmental law and the prosecution of environmental...
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Produced in partnership with Christopher Badger of 6 Pump Court 5th May
Practice notes
FORTHCOMING CHANGE: Finance Bill 2021 introduces a new ‘financial institution notice’ (FIN) that can require financial institutions to provide...
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5th May
Practice notes
Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation for the purposes of giving...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 30th Apr
Practice notes
When does Natural England investigate?There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local...
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Produced in partnership with Laura Phillips of 6 Pump Court 23rd Apr
Practice notes
The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime...
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Produced in partnership with Christopher Badger of 6 Pump Court 23rd Apr
Practice notes
What is the SFO?The Serious Fraud Office (SFO) investigates serious or complex frauds and corruption that often involve an international element or...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
What is HMRC?HM Revenue and Customs (HMRC) is responsible for the administration and collection of taxes, including direct taxes such as income tax...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
What is the HSE?The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
What is the FCA?The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
What type of police could I encounter?The police broadly investigate most offences in the UK. The police force in the UK has different divisions...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
Practice notes
Application to discharge a restraint orderAny person affected by a restraint order, as well as the person who applied for it, may apply for its...
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Produced in partnership with Azizur Rahman of Rahman Ravelli 9th Apr
Practice notes
Those requiring protectionChapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (SOCPA 2005) makes provision for the protection of...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
9th Apr
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Apr
Practice notes
Lawful authority to seize and retain property (subject to legal professional privilege) following a search of premises can be achieved in four...
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9th Apr

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