Health and safety prosecution round-up—16 June 2025
Environmental offences
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Practice notes
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...
30th May
In-house
Practice notes
Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
30th May
Practice notes
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
30th May
Practice notes
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
30th 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...
2nd Jun
Practice notes
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
30th May
Practice notes
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
30th May
Practice notes
Causing fear or provocation of violenceThe offence of causing fear or provocation of violenceThe offence of causing fear or provocation of violence...
2nd Jun
Practice notes
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
30th May
Practice notes
Burden and standard of proof in criminal proceedingsThere are two kinds of ‘burden’ in criminal proceedings:•the legal burden, and•the evidential...
2nd Jun
Practice notes
Time limits for commencing criminal proceedingsFor information on how criminal prosecutions are commenced in England and Wales, see Practice Notes:...
2nd Jun
Practice notes
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
30th May
Practice notes
Threats to killThis Practice Note covers the offence of threats to kill. It looks at what the prosecution must prove and explores each of the elements...
2nd Jun
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...
30th May
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