Evidence

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Practice notes
Burden and standard of proof in criminal proceedingsThere are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party...
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19th May
Practice notes
Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...
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19th May
Practice notes
Compensation orders in criminal casesThe procedural rules relating to the criminal courts’ powers to make compensation orders are contained in...
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19th May
Practice notes
Asset strippingWhat is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 19th May
Practice notes
Boiler room fraudWhat is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales...
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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
Exclusion of unfair evidence in criminal proceedingsThe test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
Sentencing organisations for health and safety offencesThe Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 19th May
Practice notes
Vicarious liabilityWhat is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one...
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19th May
Practice notes
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...
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19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
NMC Fitness to Practise Hearings—the impairment stageCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Solemn procedure in Scottish criminal proceedingsCoronavirus (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 Evidence content

Practice notes
Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 30th Jul
Practice notes
Admissibility of hearsay in criminal proceedings—absent witnessesThe statutory conditionsThe statement of an absent witness is only admissible if the...
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30th Jul
Practice notes
Admissibility of hearsay in criminal proceedings—preserved common law exceptionsCategories of admissibilityThe Criminal Justice Act 2003 (CJA 2003)...
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Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul
Practice notes
Inferences from silence—failure to testifyWhat inferences can be drawn from failure to testify?Inferences can be drawn where a defendant:•having been...
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30th Jul
Practice notes
Statutory contempt of courtThe Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect...
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Produced in partnership with Richard Wayman of Pump Court Chambers 30th Jul
Practice notes
ConfessionsWhat is a confession?A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is...
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Produced in partnership with David Jenkins of 3 Paper Buildings 30th Jul
Practice notes
Instructing experts in criminal proceedingsPart 19 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) sets out the requirements for...
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30th Jul
Practice notes
Bad character adduced by co-defendantThe Criminal Justice Act 2003, s 101(1)(e)The Criminal Justice Act 2003 (CJA 2003) permits evidence of a...
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30th Jul
Practice notes
Admissibility of hearsay evidence in criminal proceedings—statements in documentsStatements in business and other documentsThe Criminal Justice Act...
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30th Jul
Practice notes
Proving a defendant's bad characterEvidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of...
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30th Jul
Practice notes
Competence and compellability of witnesses in criminal proceedingsCompetency—general ruleThe most common way for evidence to be adduced is through the...
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30th Jul
Practice notes
Obtaining third-party disclosure in criminal proceedingsThe prosecution’s duty of disclosure in criminal proceedings is governed by the Criminal...
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Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul
Practice notes
Admissibility of non-defendant's bad characterAdmissibility of non-defendant's bad characterEvidence of bad character is generally inadmissible...
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30th Jul
Practice notes
Reporting restrictions in allocation and sending proceedingsFor information on the application of reporting restrictions in criminal proceedings...
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30th Jul
Practice notes
Admission of bad character to correct false impression or counter an attackBad character to correct a false impressionThe Criminal Justice Act 2003...
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30th Jul
Practice notes
Offences that can be committed by jurorsThe range of offences which a juror can commit in relation to a trial he/she is trying was increased with the...
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Produced in partnership with Steven Bird of Birds Solicitors 30th Jul
Practice notes
The service of prosecution evidence in Crown Court proceedingsTime limitsWhere a defendant appears before a magistrates’ court charged with an...
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Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul
Practice notes
Inferences from silence—failure to mention factsThe Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits a court to draw adverse inferences...
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30th Jul
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 30th Jul
Practice notes
The statutory exceptions to the rule against hearsay in criminal proceedingsExceptions under the CJA 2003The admission of hearsay evidence is...
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30th Jul

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