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Practice notes
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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9th Nov
Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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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
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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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
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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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
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 12th Jan
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

Most recent Witnesses content

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
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 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
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Apr
Practice notes
Time limitsWhere a defendant appears before a magistrates’ court charged with an indictable-only offence, or an either way offence, and is sent for a...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
What inferences can be drawn from failure to testify?Inferences can be drawn where a defendant:•having been sworn refuses without good cause to answer...
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9th Apr
Practice notes
Victim personal statements—guidanceGuidance on the making, form and use of a victim personal statement (VPS), sometimes referred to as a victim impact...
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6th Apr
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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5th Apr
Practice notes
Part II to the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) (as amended by the Coroners and Justice Act 2009 (CJA 2009)) contains a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 5th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with Matthew Sorel-Cameron of Red Lion Chambers 24th Mar
Practice notes
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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11th Mar
Q&As
There will be situations where a third party expert may need to be instructed by lawyers acting on behalf of a client. This could be an expert in the...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 13th Feb

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