Local Authority prosecution powers

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Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
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
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or 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
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
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...
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9th Nov
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 12th Jan
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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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
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...
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9th Nov
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Local Authority prosecution powers content

Practice notes
The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18Section 1(1) of the Intoxicating...
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9th Apr
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Carolina Bracken of 5 Paper Buildings 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Laura Phillips of 6 Pump Court 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Helen Simm of Browne Jacobson 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
What is the Regulators' Code and who does it apply to?The Regulators' Code is issued by the Secretary of State under section 22 of the Legislative and...
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9th Apr
Practice notes
Legal requirements of an informationThere are a number of ways of commencing criminal proceedings in England and Wales:•charge at the police station...
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9th Apr
Practice notes
Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices...
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Produced in partnership with James Purnell, Abigail Cohen and Lia Moses of Henderson Chambers 25th Mar
Practice notes
In England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco related products on behalf of an individual under 18...
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23rd Mar
Practice notes
Offence of the sale of aerosol paint to persons aged under 16A person commits an offence if he sells an aerosol paint container to a person under the...
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23rd Mar
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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22nd Mar
Practice notes
All criminal cases begin in the magistrates' court however serious the offence. There are a number of ways of commencing criminal proceedings in...
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16th Mar
Practice notes
The Health and Safety ExecutiveThe Health and Safety Executive (HSE) is a non-Departmental Body of the Department of Work and Pensions and is the main...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 16th Mar
Practice notes
Any local authority is a creature of statute. Where a local authority acts beyond its powers, it will be acting ultra vires.The Local Government Act...
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11th Mar
Q&As
Invitations to attend an interview under caution on a voluntary basis are routine in regulatory crime investigations. Volunteers are defined in the...
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5th Mar
Practice notes
For information on how criminal prosecutions are commenced in England and Wales, see Practice Notes: Commencing criminal proceedings—applying for the...
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25th Feb
Q&As
Pursuant to section 1(6) of the Prevention of Social Housing Fraud Act 2013 (PSHFA 2013), a person convicted of an offence pursuant to PSHFA 2013, s...
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13th Feb
Q&As
This question is answered in relation to the law applying in England, given the separate regimes for Wales, Scotland and Northern Ireland. The answer...
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Produced in partnership with Philip Rule 8th Jan

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