Magistrates' court proceedings

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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 12th Jan
Practice notes
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,...
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Produced in partnership with Red Lion Chambers 12th Jan
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
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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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
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...
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9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Magistrates' court proceedings content

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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Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 11th Jan
Practice notes
Guidelines which apply when considering a chargeThe Director of Public Prosecutions (DPP) undertook to produce the Crown Prosecution Service (CPS)...
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Produced in partnership with Emily Agnoli of Simmons & Simmons 11th Jan
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...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 11th Jan
Practice notes
STOP PRESS: This document is in the process of being updated to reflect the judgment in Mirchandani v Chancellor. In this judgment, the Court of...
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Produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP 11th Jan
Practice notes
Private prosecutor’s role as a Minister of JusticeA private prosecutor is required to act as a ‘Minister of Justice.’However, a private prosecutor is...
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Produced in partnership with Mark Cotter QC and Edmund Burge QC of 5 St Andrew’s Hill 11th Jan
Practice notes
This Practice Note explains the key themes and practical considerations to challenging private prosecutions. It should be read in conjunction with...
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Produced in partnership with Michelle Sloane of RPC 11th Jan
Practice notes
What amounts to the conclusion of criminal proceedings?A typical criminal case concludes with either an acquittal at the end of a trial, or a...
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Produced in partnership with Eva Niculiu of Three Raymond Buildings 11th Jan
Practice notes
This Practice Note discusses the use of restraint orders, confiscation proceedings and compensation orders in the context of private...
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Produced in partnership with Hannah Lamming of Peters & Peters Solicitors LLP 11th Jan
Practice notes
Power to bring a private prosecutionA private prosecution is one brought by a private individual, company or organisation who is not acting on behalf...
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8th Jan
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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8th Jan
Practice notes
All criminal cases begin in the magistrates' court regardless of the seriousness of the offence. There are, however, a number of ways of commencing...
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8th Jan
Practice notes
Civil recovery of property, which represents criminal property derived from unlawful conductCivil recovery is the name given to the powers under Part...
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8th Jan
Practice notes
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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8th Jan
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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8th Jan
Practice notes
The magistrates' court has wide-ranging powers to commit a defendant to the Crown Court for sentence. The magistrates' primary powers to commit apply...
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8th 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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8th Jan
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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8th Jan
Practice notes
Conditions of bailA defendant granted bail by the court may be required to comply with conditions of bail both before and after bail is granted.See...
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8th Jan
Practice notes
Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
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8th Jan
Practice notes
The legislative frameworkSection 41 of the Criminal Justice Act 2003 (CJA 2003) and CJA 2003, Sch 3 significantly amended the procedure to be followed...
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8th Jan

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