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Practice notes
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...
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
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
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 12th Jan
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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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
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
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...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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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
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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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
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...
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Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

Most recent Evidence content

Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
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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9th Apr
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 9th Apr
Practice notes
Part 19 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) sets out the requirements for introducing expert evidence in criminal proceedings....
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9th Apr
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 9th Apr
Practice notes
Criminal Justice Act 2003The Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence if it is 'important explanatory...
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9th Apr
Practice notes
Initial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of the prosecution case (IDPC) are...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
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...
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9th Apr
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 9th Apr
Practice notes
The prosecution’s duty of disclosure in criminal proceedings is governed by the Criminal Procedure and Investigations Act 1996 (CPIA 1996), which...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
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...
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Produced in partnership with Steven Bird of Birds Solicitors 9th Apr
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 9th Apr
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 9th Apr
Practice notes
The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 9th Apr
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 9th Apr
Practice notes
Defendant's bad characterThe admissibility of the defendant's 'bad character' is governed by the Criminal Justice Act 2003 (CJA 2003).There are seven...
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9th Apr
Practice notes
Exclusion under the Criminal Justice Act 2003Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction...
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9th Apr
Practice notes
Evidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of evidence of bad character.See Practice...
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9th Apr

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