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Common assault and battery

Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

Sentencing for rape

Sentencing for rapeThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific...

Burglary

BurglaryBurglaryIn most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court.Burglary triable...

Practice notes

Burden and standard of proof in criminal proceedings

Burden and standard of proof in criminal proceedingsThere are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party...

19th May

Practice notes

Specific and basic intent

Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...

19th May

Practice notes

Compensation orders in criminal cases

Compensation orders in criminal casesThe procedural rules relating to the criminal courts’ powers to make compensation orders are contained in...

19th May

Practice notes

Asset stripping

Asset strippingWhat is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors...

Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 19th May

Practice notes

Boiler room fraud

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...

19th May

Practice notes

Procedure during a Crown Court trial—arraignment, trial requirements and evidence

Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...

Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May

Practice notes

Exclusion of unfair evidence in criminal proceedings

Exclusion of unfair evidence in criminal proceedingsThe test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence...

Produced in partnership with Hannah Thomas of 2 Hare Court 19th May

Practice notes

Intimate searches

Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...

19th May

Practice notes

Disclosure in the magistrates’ court

Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...

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 trial

Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...

19th May

In-house

Practice notes

Sentencing organisations for health and safety offences

Sentencing organisations for health and safety offencesThe Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed...

Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 19th May

Practice notes

Vicarious liability

Vicarious liabilityWhat is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one...

19th May

Practice notes

Non-intimate samples

Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...

19th May

Practice notes

NMC disciplinary process

NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...

Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May

Practice notes

NMC Fitness to Practise Hearings—the impairment stage

NMC Fitness to Practise Hearings—the impairment stageCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by...

Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May

Practice notes

Solemn procedure in Scottish criminal proceedings

Solemn procedure in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....

Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 19th May

Scottish Law

Most recent Evidence content

Practice notes

Reporting restrictions in criminal cases

Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...

Produced in partnership with Thomas Evans of 3 Paper Buildings 30th Jul

Practice notes

Admissibility of hearsay in criminal proceedings—absent witnesses

Admissibility of hearsay in criminal proceedings—absent witnessesThe statutory conditionsThe statement of an absent witness is only admissible if the...

30th Jul

Practice notes

Admissibility of hearsay in criminal proceedings—preserved common law exceptions

Admissibility of hearsay in criminal proceedings—preserved common law exceptionsCategories of admissibilityThe Criminal Justice Act 2003 (CJA 2003)...

Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul

Practice notes

Inferences from silence—failure to testify

Inferences from silence—failure to testifyWhat inferences can be drawn from failure to testify?Inferences can be drawn where a defendant:•having been...

30th Jul

Practice notes

Statutory contempt of court

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

Produced in partnership with Richard Wayman of Pump Court Chambers 30th Jul

Practice notes

Confessions

ConfessionsWhat is a confession?A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is...

Produced in partnership with David Jenkins of 3 Paper Buildings 30th Jul

Practice notes

Instructing experts in criminal proceedings

Instructing experts in criminal proceedingsPart 19 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) sets out the requirements for...

30th Jul

Practice notes

Bad character adduced by co-defendant

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...

30th Jul

Practice notes

Admissibility of hearsay evidence in criminal proceedings—statements in documents

Admissibility of hearsay evidence in criminal proceedings—statements in documentsStatements in business and other documentsThe Criminal Justice Act...

30th Jul

Practice notes

Proving a defendant's bad character

Proving a defendant's bad characterEvidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of...

30th Jul

Practice notes

Competence and compellability of witnesses in criminal proceedings

Competence and compellability of witnesses in criminal proceedingsCompetency—general ruleThe most common way for evidence to be adduced is through the...

30th Jul

Practice notes

Obtaining third-party disclosure in criminal proceedings

Obtaining third-party disclosure in criminal proceedingsThe prosecution’s duty of disclosure in criminal proceedings is governed by the Criminal...

Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul

In-house

Practice notes

Admissibility of non-defendant's bad character

Admissibility of non-defendant's bad characterAdmissibility of non-defendant's bad characterEvidence of bad character is generally inadmissible...

30th Jul

Practice notes

Reporting restrictions in allocation and sending proceedings

Reporting restrictions in allocation and sending proceedingsFor information on the application of reporting restrictions in criminal proceedings...

30th Jul

Practice notes

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

Admission of bad character to correct false impression or counter an attackBad character to correct a false impressionThe Criminal Justice Act 2003...

30th Jul

Practice notes

Offences that can be committed by jurors

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...

Produced in partnership with Steven Bird of Birds Solicitors 30th Jul

Practice notes

The service of prosecution evidence in Crown Court proceedings

The service of prosecution evidence in Crown Court proceedingsTime limitsWhere a defendant appears before a magistrates’ court charged with an...

Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul

Practice notes

Inferences from silence—failure to mention facts

Inferences from silence—failure to mention factsThe Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits a court to draw adverse inferences...

30th Jul

Practice notes

Disclosure in the magistrates’ court

Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...

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 proceedings

The statutory exceptions to the rule against hearsay in criminal proceedingsExceptions under the CJA 2003The admission of hearsay evidence is...

30th Jul

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Evidence

View Corporate Crime by content type:

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European Union and UK government initiatives on money laundering and terrorism finance

Corporate Crime weekly highlights—29 July 2021

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Cum-ex deals are criminal tax evasion, German court says

Featured Corporate Crime content

Common assault and battery

Affray

Sentencing for rape

Burglary

Most recent Evidence content

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The commercialisation of sport

Pre-action disclosure—the application

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Common law offence of false imprisonment

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