Legal privilege in criminal cases

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Practice notes
Possession with intent to supplyPossession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Absolute and conditional dischargeThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
AutomatismDefinition 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...
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19th May
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What happens when a client receives a custodial sentence?This Practice Note reflects the procedural code for sentencing offenders in England and Wales...
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Produced in partnership with Flora Page of 23 Essex Street 19th May
Practice notes
Community order requirementsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
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19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes
Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...
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19th May
Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
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False accounting and false statements under TA 1968False accountingA person who falsifies or conceals information required for an accounting purpose,...
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19th May
Practice notes
Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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19th May
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Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
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NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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19th May

Most recent Legal privilege in criminal cases content

Q&As
If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?Ownership of...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 17th Sep
Practice notes
Legal professional privilege in civil proceedingsThis Practice Note considers legal professional privilege (LPP), which is made up of legal advice...
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17th Sep
Practice notes
Legal professional privilege in criminal proceedingsThe aim of this Practice Note is to provide some guidance on the principles of legal professional...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 17th Sep
Practice notes
Maintaining privilege during criminal investigationsThe aim of this Practice Note is to provide some guidance about how best to ensure that legal...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 17th Sep
Practice notes
Privilege—loss or waiver of privilegeThis Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege...
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9th Sep
Practice notes
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
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9th Sep
Practice notes
Privilege—solicitor and client confidenceThis Practice Note looks at privilege and confidential information in the context of a client-solicitor...
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9th Sep
Q&As
My firm has received a document from the other side which appears to be privileged. What should I do?Although this is a question about privilege,...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Sep
Q&As
I have accidentally sent the other side documents which are privileged. What should I do?What is privilege?In English law, special protection is...
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9th Sep
Q&As
I am a shareholder in company X. A director obtained legal advice on behalf of company X and I would like to see it. The director has claimed the...
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Produced in partnership with Howard Smith of Radcliffe Chambers 9th Sep
Q&As
What steps should be taken when dealing with individuals outside of the ‘client group’ to avoid loss of privilege?General principlesIn English law,...
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9th Sep
Q&As
Could without prejudice documents in civil proceedings be seized and used by regulators in regulatory or criminal proceedings (using their powers of...
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Produced in partnership with Áine Kervick of Kingsley Napley 9th Sep
Q&As
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's...
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9th Sep
Q&As
When will a reference to counsel’s opinion in inter partes correspondence amount to a waiver of legal professional privilege? Will the disclosing...
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Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
Q&As
A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...
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9th Sep
Q&As
Does legal advice privilege apply to the creation, management and operation of companies?Legal professional privilege (LPP) does not extend to...
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9th Sep
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 6th Sep
Practice notes
Issues of privilege in cross-border criminal investigationsThe rules relating to privilege, disclosure and waiver can vary widely from one...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 23rd Aug

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