Trial on indictment

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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
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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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 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 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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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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
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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9th Nov
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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9th Nov
Practice notes
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),...
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9th Nov

Most recent Trial on indictment content

Practice notes
Trial in absenceThe issue for the court in R v Okedare was whether it was prepared to entertain applications for leave from those whose whereabouts...
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29th Apr
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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Produced in partnership with Alistair Grainger of 25 Bedford Row 14th Apr
Practice notes
Recovery of legal costs from central fundsThe Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) makes substantial changes to the...
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9th Apr
Practice notes
Orders for costs against legal representativesUnder section 19A(1) of the Prosecution of Offences Act 1985 (POA 1985), the Court of Appeal, Crown...
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9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 9th Apr
Practice notes
The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 9th Apr
Practice notes
Where a party to criminal proceedings incurs costs as a result of another party’s unnecessary or improper act or omission, the criminal courts may...
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Produced in partnership with Terry McGuinness of Garden Court Chambers 9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Apr
Practice notes
Who is entitled to serve on a jury?Section 1 of the Juries Act 1974 (JA 1974) states that everyone is entitled to serve on a jury provided that:•the...
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Produced in partnership with Tom Flavin of 25 Bedford Row 9th Apr
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Apr
Practice notes
The Criminal Practice Directions (CPD) (as amended), at CPD I The overriding objective 1A.3 states:‘The Criminal Procedure Rules and the Criminal...
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5th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
Read More >
Produced in partnership with Leon Kazakos QC of 2 Hare Court 1st Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 1st Apr
Practice notes
What amounts to the conclusion of criminal proceedings?A typical criminal case concludes with either an acquittal at the end of a trial, or a...
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Produced in partnership with Eva Niculiu of Three Raymond Buildings 16th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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12th Mar
Practice notes
Fraud ProtocolThe procedure and management of fraud trials is determined by the Lord Chief Justice’s Protocol of 22 March 2005 for the Control and...
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11th Mar
Practice notes
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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11th Mar
Practice notes
The power to award prosecution costsThere are several ways in which a prosecutor may obtain an order covering their costs of bringing a...
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5th Mar
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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3rd Mar
Practice notes
Defendants' costs ordersThe Legal Aid, Sentencing and Punishment of Offenders Act 2012, Sch 7 (LASPO 2012) made significant changes to the regime...
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24th Feb

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