Data protection offences

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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
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
Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 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
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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19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Food hygiene remedial action and detention noticesWhat is a remedial action notice?A remedial action notice is used by enforcement authorities such as...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
Practice notes
Dangerous drivingThe offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be...
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Produced in partnership with Red Lion Chambers 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
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
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Supplying a controlled drug and offering to supplyThe offence of supplying controlled drugs The section 4 of the Misuse of Drugs Act 1971 (MDA 1971)...
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19th May
Practice notes
Custody time limitsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In...
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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
Trials under the Scottish solemn procedureCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 19th May

Most recent Data protection offences content

Q&As
Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...
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26th Jul
Q&As
US government surveillance in the context of EU data protection lawIn Data Protection Commissioner v Facebook Ireland and Maximillian Schrems, Case...
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26th Jul
Practice notes
International transfers of personal data under the DPA 1998 [Archived]ARCHIVED: This Practice Note introduces the data export restriction under the...
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Produced in partnership with Fieldfisher 25th Jul
Practice notes
Applicability and scope of the DPA 1998 [Archived]ARCHIVED: This archived Practice Note provides information on the data protection regime before 25...
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25th Jul
Practice notes
UK GDPR and EU GDPR—sanctions and enforcementOn 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period....
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25th Jul
Practice notes
EU data protection reform—timeline [Archived]ARCHIVED: This archived timeline sets out the key legislative developments of the data protection reform...
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25th Jul
Practice notes
Sanctions and enforcement under the DPA 1998 [Archived]ARCHIVED: This archived Practice Note provides information on the data protection regime before...
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Produced in partnership with 5RB 25th Jul
Practice notes
The Data Protection Act 2018The Data Protection Act 2018 (DPA 2018) came into force on 25 May 2018. As first enacted it introduced four distinct data...
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25th Jul
Practice notes
Brexit—cybersecurityThis Practice Note explores the effect of Brexit on UK cybersecurity with a particular focus on the network and information...
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25th Jul
Q&As
What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...
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25th Jul
Q&As
Is it a criminal offence under the Data Protection Act 2018 to fail to pay the data protection fee to the ICO?Under the Data Protection (Charges and...
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25th Jul
Practice notes
UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsIn briefData protection laws in both the EEA (the EU...
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19th Jul
Practice notes
Offences under the Data Protection Act 2018This Practice Note explains the criminal offences contained within the Data Protection Act 2018 (DPA 2018)....
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 19th Jul
Practice notes
Processing personal data by law enforcement and intelligence agenciesThe General Data Protection Regulation (EU) 2016/679 (EU GDPR), which came into...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 15th Jul
Q&As
Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?In answering this query, it has been assumed that...
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13th Jul
Practice notes
ICO enforcement—databaseIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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12th Jul
Practice notes
Unlawfully obtaining data under the Data Protection Act 1998 [Archived]Archived: This Practice Note has been archived and is not maintained.This...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 6th Jul
Practice notes
Data protection and internal investigationsIncreasingly organisations are being required to conduct investigations to meet their legal obligations....
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29th Jun

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