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Practice notes
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who...
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Produced in partnership with Andrew Sperling of SL5 Legal 19th May
Practice notes
Recklessness in criminal casesWhat is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a...
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19th May
Practice notes
Violent disorderThe offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will...
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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
Unlawful wounding or inflicting grievous bodily harmThe offence of unlawful wounding or inflicting grievous bodily harmThe offence of unlawful...
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19th May
Practice notes
Criminal act or omissionOmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act...
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19th May
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 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
Breach of a suspended sentenceThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Discretionary life sentencesThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Intimate SamplesIntimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic...
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19th May
Practice notes
Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
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19th May
Practice notes
Is an arrest necessary?Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself...
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19th May

Most recent Bail content

Q&As
Can a defendant be given 'indefinite' bail or must there be a date attached to the bail?Pre-charge bailBail from a police station, whether it be...
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5th Jun
Q&As
My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 5th Jun
Practice notes
Failing to surrender, absconding and breach of bail conditionsBench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 5th Jun
Practice notes
Application to vary bailThe Bail Act 1976 (BA 1976) gives the court power to:•vary any conditions it has imposed on bail in the proceedings•impose...
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5th Jun
Practice notes
Grounds for refusing bailThe right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’...
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5th Jun
Practice notes
Young offenders and the criminal justice system [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For information on...
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5th Jun
Practice notes
Applying for bail for drug users The Bail Act 1976 (BA 1976) expressly stipulates that in taking any decision about bail the court should have regard...
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5th Jun
Practice notes
Procedure for making bail applications and appealsCoronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic....
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5th Jun
Practice notes
Securities, sureties and other conditions of bailConditions of bailA defendant granted bail by the court may be required to comply with conditions of...
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5th Jun
Practice notes
Police BailPolicing And Crime Act 2017 amendments to police bailSome of the most important changes brought about by the Policing and Crime Act 2017...
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5th Jun
Practice notes
Crown Court bail applicationCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020...
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5th Jun
Practice notes
Appealing refusal or grant of bailCoronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. In 2020, the CPS...
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5th Jun

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