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Pensions sector calls for clarity on watchdog’s new powers

The following Corporate Crime news provides comprehensive and up to date legal information on Pensions sector calls for clarity on watchdog’s new powers

Confirmation that default sentences cannot be shared (Collins v Director of Public Prosecutions)

The following Corporate Crime news provides comprehensive and up to date legal information on Confirmation that default sentences cannot be shared (Collins v Director of Public Prosecutions)

Russia will expel ten diplomats in response to US sanctions

The following Corporate Crime news provides comprehensive and up to date legal information on Russia will expel ten diplomats in response to US sanctions

EDPB’s opinion on the draft adequacy decision for the UK under the EU GDPR

The following Commercial news provides comprehensive and up to date legal information on EDPB’s opinion on the draft adequacy decision for the UK under the EU GDPR

Featured Corporate Crime content

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...

Automatism

Definition 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 a reflex),...

Causation and intervening acts in criminal cases

Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...

Practice notes

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...

9th Nov

Practice notes

Pre-sentence reports

Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...

9th Nov

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Possession with intent to supply

Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...

Produced in partnership with Red Lion Chambers 12th Jan

Practice notes

Failing to surrender, absconding and breach of bail conditions

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...

9th Nov

Practice notes

Summary procedure in Scottish criminal proceedings

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...

9th Nov

Practice notes

The defence of insanity

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'...

9th Nov

Practice notes

Grounds for refusing bail

The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...

9th Nov

Practice notes

Cash seizure and detention

Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...

9th Nov

Practice notes

Creating or providing false documents or information

Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...

9th Nov

Practice notes

Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...

9th Nov

Practice notes

Criminal contempt of court—common law offence

In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...

Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan

Practice notes

Affray

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

9th Nov

Practice notes

Taking a conveyance without the owner's consent (TWOC)

Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...

9th Nov

Practice notes

The statutory exceptions to the rule against hearsay in criminal proceedings

Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...

9th Nov

Most recent Trading Standards offences content

Practice notes

Conducting a product recall—general consumer goods

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Tom Fox of Arnold & Porter Kaye Scholer 9th Apr

Practice notes

Sale of intoxicating substances and lighter refills to persons aged under 18

The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18Section 1(1) of the Intoxicating...

9th Apr

Practice notes

Sale of fireworks offences

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Enforcement of the Consumer Protection Act 1987

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

General Product Safety Regulations 2005

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Enforcement of the General Product Safety Regulations 2005

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Consumer Protection Act 1987 offences

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Enforcement of the Consumer Protection from Unfair Trading Regulations 2008

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Timeshare offences—powers of enforcement officers

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Enforcement of the Consumer Credit Act 1974

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Enforcement of consumer protection laws under the Consumer Rights Act 2015

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Helen Simm of Browne Jacobson 9th Apr

Practice notes

Sale of tobacco and nicotine inhaling products to a person under the age of 18

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Electrical equipment safety

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

The Consumer Protection from Unfair Trading Regulations 2008

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

The Regulators' Code

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...

9th Apr

Practice notes

Prosecution of product safety offences under the General Product Safety Regulations 2005

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Timeshare offences

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Getting the Deal Through: Advertising & Marketing 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Austria; Brazil; Canada; France; Hong Kong; India; Japan; Russia;...

9th Apr

Practice notes

Getting the Deal Through: Trade & Customs 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Brazil; Chile; China; Colombia; Eurasia; European Union; India; Japan;...

9th Apr

Brexit

Practice notes

What does IP completion day mean for consumer protection?

11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and...

8th Apr