This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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...
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...
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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,...
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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),...
Duress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason....
There are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the defendant...
Strict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common law offences of...
Self defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the Criminal Justice...
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
Historically, there was a distinction between felonies and misdemeanours, and it was necessary to distinguish, for felonies, between principals in the...
IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that...
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