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Practice notes
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...
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9th Nov
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
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....
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
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 person...
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9th Nov
Practice notes
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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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
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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9th Nov
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov

Most recent Evidence content

Q&As
As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent...
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Produced in partnership with David Gardner of No 5 Chambers 14th Jan
Practice notes
This Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
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Produced in partnership with Kelsey Farish of DAC Beachcroft 13th Jan
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 Matthew Sorel-Cameron of Red Lion Chambers 11th Jan
Practice notes
Guide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and the media, Reporting Restrictions in the...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 11th Jan
Practice notes
What is jury irregularity?An irregularity is any action which may prevent a juror or jury from remaining faithful to their oath or affirmation to...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 11th Jan
Practice notes
Evidence of defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both:•propensity—the...
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Produced in partnership with Harriet Johnson of Doughty Street Chambers 11th Jan
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 11th Jan
Practice notes
Part II to the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) (as amended by the Coroners and Justice Act 2009 (CJA 2009)) contains a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 11th Jan
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 11th Jan
Practice notes
What is a confession?A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or...
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Produced in partnership with David Jenkins of 3 Paper Buildings 11th Jan
Practice notes
Categories of admissibilityThe Criminal Justice Act 2003 (CJA 2003) radically reformed the common law rules relating to the admissibility of hearsay...
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Produced in partnership with Hannah Thomas of 2 Hare Court 11th Jan
Practice notes
Breach of PACE Codes of PracticeThe arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984...
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Produced in partnership with Hannah Thomas of 2 Hare Court 11th Jan
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 Thomas Evans of 3 Paper Buildings 11th Jan
Practice notes
Excluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad character is admissible under the...
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Produced in partnership with Hannah Thomas of 2 Hare Court 11th Jan
Practice notes
The Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect contempt of the kind...
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Produced in partnership with Richard Wayman of Pump Court Chambers 11th Jan
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 11th Jan
Practice notes
What is bad character?The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant.The starting point is...
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8th Jan
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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8th Jan
Practice notes
Bad character to correct a false impressionThe Criminal Justice Act 2003 (CJA 2003) permits the admission of evidence of the defendant's bad character...
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8th Jan
Practice notes
Is a text message or voice message hearsay?Text messages or other messages retrieved from a mobile phone can play an important part in a criminal...
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8th Jan

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