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Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
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
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
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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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 right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
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
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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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
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
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...
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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
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...
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9th Nov

Most recent Searches content

Practice notes
Retention and destruction of fingerprints and samples under PACE 1984The procedure for the taking, retaining and destroying fingerprints, footwear...
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30th 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 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
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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9th Apr
Practice notes
This Practice Note explains the procedure to apply for the retention of property seized following a search under section 59(5) of the Criminal Justice...
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9th Apr
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 Apr
Practice notes
Search on arrest–away from the police stationA person who has been arrested at a place other than a police station may be searched by a police officer...
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9th Apr
Practice notes
A suspect's fingerprints can always be taken if they consent. Where the suspect is at the police station and gives consent for their fingerprints to...
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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
Practice notes
Familiarity with stop and search powers is important because where a search leads to an arrest, the legality of the stop and search that preceded it...
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9th Apr
Practice notes
Additional requirements have been imposed by the courts where investigators have sought to exercise their powers under section 352 of the Proceeds of...
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9th Apr
Practice notes
The powers of the police to enter and search premises are both extensive and various. The police may search premises on the authority of a warrant...
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9th Apr
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 Apr
Practice notes
Authorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other than the mouth....
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9th Apr
Practice notes
The aim of this Practice Note is to provide some guidance about how best to ensure that legal professional privilege (LPP) is maintained for the...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 9th Apr
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 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 Bijan Hoshi of Garden Court Chambers 9th Apr
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 23rd Mar
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 11th Mar

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