Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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...
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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...
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...
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),...
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...
Defendant's bad characterThe admissibility of the defendant's 'bad character' is governed by the Criminal Justice Act 2003 (CJA 2003).There are seven...
Exclusion under the Criminal Justice Act 2003Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction...
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...
Perjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a fine. The...
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...
For information on the application of reporting restrictions in criminal proceedings generally, see Practice Note: Reporting restrictions in criminal...
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...
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...
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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