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Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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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
Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...
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19th May
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
Practice notes
Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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19th May
Practice notes
Corporate criminal liabilityThis Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing...
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19th May
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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19th May
Practice notes
Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 19th May
Practice notes
Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Conducting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...
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19th May
Practice notes
Starting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...
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19th May
Practice notes
Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...
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19th May
Practice notes
Criminal Practice DirectionsThe Lord Chief Justice has power, including power under the Courts Act 2003 and the Constitutional Reform Act 2005, to...
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19th May
Practice notes
Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 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

Most recent Fraud content

Q&As
Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?False representation...
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1st Aug
Q&As
Do you have any Precedents to start a claim against an individual who fraudulently solicited payment into his own account rather than a supplier’s...
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31st Jul
Q&As
While a director is awaiting trial for offences under section 993 of the Companies Act 2006 for fraud, can they be stopped from trading ?Section 993...
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31st Jul
Q&As
What remedies may be available to a person who has entered into a transaction to buy shares, where it transpires that the purported seller of such...
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31st Jul
Practice notes
Pension liberation—an introductionCORONAVIRUS (COVID-19) UPDATE: In light of the coronavirus pandemic, the Pensions Regulator (TPR) issued guidance...
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Produced in partnership with Rebecca Bennett of Needle Partnership and Natasha Peacock of Needle Partnership 31st Jul
Practice notes
Benchmark enforcement action—essentialsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
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Produced in partnership with Brown Rudnick 31st Jul
Practice notes
Fraud by false representation—sentence trackerSentences for fraud by false representationA person convicted of fraud by false representation in the...
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30th Jul
Practice notes
Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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30th Jul
Practice notes
Boiler room fraudWhat is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales...
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30th Jul
Practice notes
Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under...
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30th Jul
Practice notes
Fraudulent trading under the Fraud Act 2006Fraudulent trading under the Fraud Act 2006A defendant who is a sole trader, in a partnership or a trust,...
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30th Jul
Practice notes
Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...
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30th Jul
Practice notes
Prosecuting fraud offences—the Fraud ProtocolFraud ProtocolThe procedure and management of fraud trials is determined by the Lord Chief Justice’s...
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30th Jul
Practice notes
Dishonesty in the criminal lawDishonesty is a state of mind, which is relevant for the purposes of some criminal offences. Dishonesty provides the...
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30th Jul
Practice notes
Possessing or making articles for use in fraudIt is an offence for a person to possess, or have under their control, any article for use in the course...
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30th Jul
Practice notes
Obtaining services dishonestly under the Fraud Act 2006Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act,...
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30th Jul
Practice notes
Conspiracy to defraudOffence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of...
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30th Jul
Practice notes
Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud...
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30th Jul

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