Local Authority prosecution powers

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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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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 Local Authority prosecution powers content

Q&As
In respect of gang injunction review hearings, can the court order a review hearing after (outside of) the last four weeks of the one-year period,...
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Produced in partnership with Michael Bimmler of No 5 Chambers 20th Sep
Practice notes
Local authorities—powers to investigate environmental crimeWhen do local authorities investigate environmental offences?Environmental offences cover a...
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Produced in partnership with Laura Phillips of 6 Pump Court 17th Sep
Practice notes
Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974Enforcement of Part I of the Health and Safety at Work etc Act...
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Produced in partnership with James Purnell, Abigail Cohen and Lia Moses of Henderson Chambers 17th Sep
Practice notes
Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974The Health and Safety ExecutiveThe Health and Safety Executive...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 17th Sep
Practice notes
Surveillance powers of local councilsThe Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert...
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16th Sep
Q&As
Can a local authority conduct an interview under caution with an individual suspected of a criminal offence?An interview under caution is the formal...
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16th Sep
Q&As
During the coronavirus (COVID-19) pandemic, can voluntary interviews under the Police and Criminal Evidence Act 1984 be conducted...
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16th Sep
Practice notes
Local authority investigationsAny local authority is a creature of statute. Where a local authority acts beyond its powers, it will be acting ultra...
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2nd Sep
Practice notes
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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2nd Sep
Q&As
Can a prosecution be brought after a simple caution has been issued? How can a local authority start criminal proceedings for a criminal regulatory...
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2nd Sep
Practice notes
Time limits for commencing criminal proceedingsFor information on how criminal prosecutions are commenced in England and Wales, see Practice Notes:...
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22nd Aug
Practice notes
Drafting an informationLegal requirements of an informationThere are a number of ways of commencing criminal proceedings in England and Wales:•charge...
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22nd Aug
Q&As
Which coronavirus (COVID-19) offences are local authorities in England authorised to prosecute?This question is answered in relation to the law...
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Produced in partnership with Philip Rule 22nd Aug
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of FOUR Law &. Investigations Ltd 18th Aug
Q&As
Is the correct chain of delegation for most criminal enforcement by way of the Local Government Act 2000 rather than by the Local Government Act 1972...
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Produced in partnership with Philip Rule 15th Aug
Practice notes
Sale of tobacco and nicotine inhaling products to a person under the age of 18IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31...
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11th Aug
Practice notes
Proxy purchasing of tobacco and nicotine productsIn England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco...
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11th Aug
Practice notes
Enforcement of consumer protection laws under the Consumer Rights Act 2015Consumer protection law in the UK derives partly from EU law and partly from...
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Produced in partnership with Helen Simm of Browne Jacobson 11th Aug

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