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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
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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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
Failing to stop or report an accidentDrivers are under a duty to stop at the scene of an accident, provide personal details and report an accident....
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Produced in partnership with Red Lion Chambers 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
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
Practice notes
Police BailPolicing And Crime Act 2017 amendments to police bailSome of the most important changes brought about by the Policing and Crime Act 2017...
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19th May
Practice notes
Intimate SamplesIntimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic...
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19th May
Practice notes
European Investigation Orders (EIOs)—process [Archived]ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end...
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19th May
Practice notes
Grounds for refusing bailThe right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’...
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19th May
Practice notes
Seizure and retention of propertyLawful authority to seize and retain property (subject to legal professional privilege) following a search of...
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19th May
Practice notes
Appeal by way of case statedA challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review...
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19th May
Practice notes
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
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19th May

Most recent Disclosure content

Q&As
In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown...
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5th Jun
Q&As
What obligations does the prosecution have to obtain and disclose evidence from the mobile phones of witnesses/victims in criminal prosecutions? What...
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Produced in partnership with Jessica Maguire of Corker Binning 5th Jun
Q&As
My client’s defence statement is due to be served but my client is in self isolation and can’t sign it. What can I do?There will be times when it is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Where a defendant has been provided with disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996, how is it...
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5th Jun
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 5th Jun
Practice notes
Public interest immunity in criminal proceedingsPublic interest immunity and disclosureThe right to a fair trial is predicated on the principle of...
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Produced in partnership with David Jenkins of 3 Paper Buildings 5th Jun
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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5th Jun
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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5th Jun
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
Read More >
5th Jun
Practice notes
Obtaining disclosure of unused evidenceDuty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a...
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5th Jun

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