Criminal liability

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Practice notes
BurglaryBurglaryIn most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court.Burglary triable...
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19th May
Practice notes
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil...
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19th May
Practice notes
Pre-sentence reportsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from...
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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
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
Proxy purchasing of tobacco and nicotine productsIn England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco...
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19th May
Practice notes
Aggravated vehicle-takingThe offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without...
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19th May
Practice notes
Sentencing organisations for health and safety offencesThe Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 19th May
Practice notes
The indictmentThe rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the...
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19th May
Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
Practice notes
Corporate manslaughter—prosecutions trackerThis Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under...
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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
Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Application to dismissApplication to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after...
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19th May
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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19th May

Most recent Criminal liability content

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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5th Aug
Q&As
What is the difference between section 8 of the Accessories and Abettors Act 1861 and sections 44–46 of the Serious Crime Act 2007?Historically, there...
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1st Aug
Q&As
What is a cut-throat defence in criminal proceedings?When one defendant in a criminal trial seeks to advance a defence case to the effect that the...
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31st Jul
Practice notes
AttemptA person is guilty of attempting to commit an offence if he does an act that is more than preparatory to the commission of the offence, with...
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30th Jul
Practice notes
Transferred maliceThe principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is...
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30th Jul
Practice notes
Encouraging and assisting criminalityEncouraging criminalityThe common law offence of incitement was abolished as of 1 October 2008, the date on which...
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30th Jul
Practice notes
Joint enterprise and secondary liabilityThis Practice Note is concerned with secondary liability, sometimes called accessory liability: the liability...
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Produced in partnership with Joanne Cecil of Garden Court Chambers 30th Jul
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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30th Jul
Practice notes
Vicarious liabilityWhat is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one...
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30th Jul
Practice notes
Strict liabilityStrict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common...
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30th Jul
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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30th Jul
Practice notes
Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...
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30th Jul
Practice notes
ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the...
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30th Jul
Practice notes
AutomatismDefinition 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...
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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
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
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30th Jul
Practice notes
Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and...
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30th Jul
Practice notes
Intoxication and mistakeIntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the...
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30th Jul
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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30th Jul
Practice notes
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
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30th Jul

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