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 aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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...
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...
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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...
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
ARCHIVED: This Practice Note has been archived and is not being maintained. It is being retained for historical interest and to provide practitioners...
Practitioners should note that the European Union (Future Relationship) Act 2020 (EU(FR)A 2020) provides for the domestic implementation of the EU-UK...
ARCHIVED: This archived Practice Note is being retained for historical interest and to provide practitioners with a quick overview of developments in...
ARCHIVED: This archived Practice Note is not being maintained. It is being retained for historical interest and to provide practitioners with a quick...
ARCHIVED: This archived Practice Note is being retained for historical interest and to provide practitioners with a quick overview of developments in...
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