Evidence

View Corporate Crime by content type:

Latest Corporate Crime News

Featured Corporate Crime content

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...
Read More >
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...
Read More >
9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
Read More >
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...
Read More >
9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
Read More >
9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
Read More >
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...
Read More >
9th Nov
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’)...
Read More >
9th Nov
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
Read More >
9th Nov
Practice notes
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
Read More >
9th Nov
Practice notes
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...
Read More >
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),...
Read More >
9th Nov
Practice notes
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...
Read More >
9th Nov

Most recent Evidence content

Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
Read More >
Produced in partnership with Matthew Sorel-Cameron of Red Lion Chambers 24th Mar
Practice notes
The statutory conditionsHearsay evidence may be admitted under one or more of the statutory gateways of admissibility contained in the Criminal...
Read More >
24th Mar
Practice notes
Admissibility of non-defendant's bad characterEvidence of bad character is generally inadmissible against a person other the accused in criminal...
Read More >
17th Mar
Practice notes
Duty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a duty of disclosure on the Crown to the...
Read More >
Produced in partnership with Hannah Thomas of 2 Hare Court 11th 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’)...
Read More >
11th Mar
Practice notes
Guide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and the media, Reporting Restrictions in the...
Read More >
Produced in partnership with Thomas Evans of 3 Paper Buildings 5th Mar
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
Read More >
3rd Mar
Practice notes
Identification proceduresIn every criminal case the prosecution must prove the identity of the person who perpetrated or participated in the...
Read More >
3rd Mar
Practice notes
Statements in business and other documentsThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of:•business records, and•documents...
Read More >
3rd Mar
Practice notes
This Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
Read More >
Produced in partnership with Kelsey Farish of DAC Beachcroft 26th Feb
Practice notes
What is bad character?The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant.The starting point is...
Read More >
24th Feb
Practice notes
What is jury irregularity?An irregularity is any action which may prevent a juror or jury from remaining faithful to their oath or affirmation to...
Read More >
Produced in partnership with Thomas Evans of 3 Paper Buildings 23rd Feb
Q&As
See Practice Note: Eye witness identification evidence, which outlines that Code D of PACE allows for the showing of films such as CCTV or photographs...
Read More >
13th Feb
Q&As
There will be times when it is impossible for a client physically to sign a document that they are otherwise required to sign. This may be, for...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
The main issues raised in the appeal of R v Baxter concerned digital devices and evidence available from witnesses. The appeal raised four issues of...
Read More >
Produced in partnership with Jessica Maguire of Corker Binning 13th Feb
Q&As
In answering this Q&A we have limited our research to cover police powers to obtain such evidence.Powers to obtain or compel a suspect to provide...
Read More >
13th Feb
Q&As
Exclusion of evidence from the trialRelevant evidence must concern an issue in the case. That may be so whether or not that issue is actively disputed...
Read More >
Produced in partnership with Philip Rule 13th Feb
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...
Read More >
Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 13th Feb

Popular documents