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Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...

Automatism

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),...

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...

Fraud by false representation

Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...

Practice notes

Conspiracy to defraud

Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...

9th Nov

In-house

Practice notes

The indictment

The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...

9th Nov

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 person...

9th Nov

In-house

Practice notes

Trials under the Scottish solemn procedure

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Privilege against self-incrimination

BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...

Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 12th Jan

COVID-19

Practice notes

Extreme pornography

Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...

9th Nov

Practice notes

Production orders under the Proceeds of Crime Act 2002

Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...

9th Nov

Practice notes

Specific and basic intent

Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Applications for the return of property seized during criminal investigations

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...

9th Nov

Practice notes

Creating or providing false documents or information

Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...

9th Nov

Practice notes

Fraud by false representation—sentence tracker

Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...

9th Nov

Practice notes

Obtaining third-party disclosure in criminal proceedings

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...

Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan

In-house

Practice notes

Taking a conveyance without the owner's consent (TWOC)

Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...

9th Nov

Practice notes

Criminal trial held in the absence of the defendant

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Practice notes

Case management in the magistrates’ courts

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...

Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

COVID-19

Most recent Evidence content

Practice notes

Bad character adduced by co-defendant

The Criminal Justice Act 2003, s 101(1)(e)The Criminal Justice Act 2003 (CJA 2003) permits evidence of a defendant's bad character to be introduced by...

9th Apr

Practice notes

Admissibility of bad character to prove untruthfulness

The Criminal Justice Act 2003, s 101(1)(d)The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad character evidence which...

9th Apr

Practice notes

Admissibility of bad character as a relevant 'matter in issue'

Admission of bad character as a relevant matter in issueSection 101(1)(d) of the Criminal Justice Act 2003 (CJA 2003) permits the admission of bad...

9th Apr

Practice notes

Admission of bad character to correct false impression or counter an attack

Bad character to correct a false impressionThe Criminal Justice Act 2003 (CJA 2003) permits the admission of evidence of the defendant's bad character...

9th Apr

Practice notes

Admissibility of hearsay in criminal proceedings—preserved common law exceptions

Categories of admissibilityThe Criminal Justice Act 2003 (CJA 2003) radically reformed the common law rules relating to the admissibility of hearsay...

Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr

Practice notes

Instructing experts in criminal proceedings

Part 19 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) sets out the requirements for introducing expert evidence in criminal proceedings....

9th Apr

Practice notes

Perverting the course of justice

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...

Produced in partnership with Thomas Evans of 3 Paper Buildings 9th Apr

Practice notes

Admissibility of bad character as important explanatory evidence

Criminal Justice Act 2003The Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence if it is 'important explanatory...

9th Apr

Practice notes

Disclosure in the magistrates’ court

Initial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of the prosecution case (IDPC) are...

Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 9th Apr

Practice notes

Inferences from silence—failure to account for substance, object, mark or place

The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits the court to draw an adverse inference from the failure of a defendant, following...

9th Apr

Practice notes

Expert evidence in criminal proceedings

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

Produced in partnership with Thomas Evans of 3 Paper Buildings 9th Apr

Practice notes

Obtaining third-party disclosure in criminal proceedings

The prosecution’s duty of disclosure in criminal proceedings is governed by the Criminal Procedure and Investigations Act 1996 (CPIA 1996), which...

Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr

In-house

Practice notes

Offences that can be committed by jurors

The range of offences which a juror can commit in relation to a trial he/she is trying was increased with the introduction of four offences into the...

Produced in partnership with Steven Bird of Birds Solicitors 9th Apr

Practice notes

Good character directions in criminal proceedings

Evidence of defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both:•propensity—the...

Produced in partnership with Harriet Johnson of Doughty Street Chambers 9th Apr

Practice notes

Statutory contempt of court

The Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect contempt of the kind...

Produced in partnership with Richard Wayman of Pump Court Chambers 9th Apr

Practice notes

Defence disclosure in criminal proceedings—defence statements and defence witness notices

The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal...

Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 9th Apr

Practice notes

Exclusion of unfair evidence in criminal proceedings

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...

Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr

Practice notes

Can 'propensity' be determined by evidence of misconduct which took place after offences which are the subject matter of a trial?

Defendant's bad characterThe admissibility of the defendant's 'bad character' is governed by the Criminal Justice Act 2003 (CJA 2003).There are seven...

9th Apr

Practice notes

Safeguards against hearsay in criminal proceedings

Exclusion under the Criminal Justice Act 2003Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction...

9th Apr

Practice notes

Proving a defendant's bad character

Evidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of evidence of bad character.See Practice...

9th Apr

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Evidence

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Latest Corporate Crime News

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Power of Crown Court judges to deal with flawed committals (R v Gould)

Corporate Crime weekly highlights—8 April 2021

Ringing the changes with the CPS’s Economic Crime Strategy 2025

Featured Corporate Crime content

Wounding or causing grievous bodily harm with intent

Automatism

Money laundering offences—tipping off and prejudicing an investigation

Fraud by false representation

Most recent Evidence content

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Proprietary estoppel

Money Laundering Regulations 2017—simplified due diligence

Forfeiture of a lease

Payment in lieu of notice (PILON)

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