Legal privilege in criminal cases

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Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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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
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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9th Nov
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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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
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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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...
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9th Nov
Practice notes
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid,...
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9th Nov

Most recent Legal privilege in criminal cases content

Q&As
Privilege comes in a number of forms and is a means of seeking to prevent an opponent from being able to inspect various disclosable documents.For...
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Produced in partnership with Howard Smith of Radcliffe Chambers 11th Feb
Q&As
General principlesIn English law, special protection is afforded to communications between lawyers (and in certain circumstances, third parties) and...
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11th Feb
Q&As
What is privilege?In English law, special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and...
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3rd Feb
Q&As
Ownership of privilegeLegal professional privilege 'belongs' to the client and not to the legal adviser (Three Rivers District Council v Governor and...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 8th Jan
Q&As
General principles—privilege and confidentialityOne of the more challenging issues a practitioner faces during litigation, and in particular during...
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28th Nov

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