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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
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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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
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
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
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
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 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
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 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
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
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
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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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 Arrest and search content

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
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits the court to draw an adverse inference from the failure of a defendant, following...
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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
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
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
Preliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the suspicion of fraud in the...
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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
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 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
Interview under SOCPA 2005An interview of a suspect under the Serious Organised Crime and Police Act 2005 (SOCPA 2005) is a compulsory interview in...
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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
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 9th Apr
Practice notes
Compulsory interviews under Criminal Justice Act 1987, s 2 (section 2 interviews)Compulsory interviews under section 2 of the Criminal Justice Act...
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9th Apr
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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9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
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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9th Apr

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