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Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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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
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
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
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 12th Jan
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
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
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
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
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
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....
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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
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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9th Nov
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
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...
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9th Nov
Practice notes
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),...
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9th Nov

Most recent Evidence content

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
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
Breach of PACE Codes of PracticeThe arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Apr
Practice notes
Excluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad character is admissible under the...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
Should a suspect ask for an identification procedure?A suspect may need legal advice on whether to request an identification procedure where the...
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9th Apr
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 9th Apr
Practice notes
The statutory conditionsThe statement of an absent witness is only admissible if the following conditions are satisfied:•the evidence would be...
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9th Apr
Practice notes
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...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 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
For information on the application of reporting restrictions in criminal proceedings generally, see Practice Note: Reporting restrictions in criminal...
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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
Is a text message or voice message hearsay?Text messages or other messages retrieved from a mobile phone can play an important part in a criminal...
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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
What is a confession?A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or...
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Produced in partnership with David Jenkins of 3 Paper Buildings 9th Apr
Practice notes
Intimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice and Public Order...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 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

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