Magistrates' court proceedings

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Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Transferred malice

The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...

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...

Common assault and battery

The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...

Practice notes

Possession of a bladed article

The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...

9th Nov

Practice notes

Single justice procedure

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...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 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

Privilege against self-incrimination

BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...

Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 12th Jan

COVID-19

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

Applications for the return of property seized during criminal investigations

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...

9th Nov

Practice notes

Admissibility of hearsay evidence in criminal proceedings

How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...

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

Cheating the public revenue

Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...

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

Civil tax fraud investigations—Code of Practice 9

Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...

Produced in partnership with Corker Binning 12th Jan

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Practice notes

Handling stolen goods

The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...

9th Nov

Most recent Magistrates' court proceedings content

Practice notes

Stages of a summary trial

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Apr

In-house

Practice notes

Disclosure in the magistrates’ court

Initial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of the prosecution case (IDPC) are...

Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 9th Apr

Practice notes

Private prosecutions—an introductory guide

Power to bring a private prosecutionA private prosecution is one brought by a private individual, company or organisation who is not acting on behalf...

9th Apr

Practice notes

CPS Guidelines for bribery and other criminal offences involving the media

Guidelines which apply when considering a chargeThe Director of Public Prosecutions (DPP) undertook to produce the Crown Prosecution Service (CPS)...

Produced in partnership with Emily Agnoli of Simmons & Simmons 9th Apr

Practice notes

Single justice procedure

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...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Apr

Practice notes

DPA Code of Practice

This Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and Crown Prosecution...

9th Apr

Practice notes

Deferred prosecution agreements

What is a deferred prosecution agreement?A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to...

9th Apr

Practice notes

POCA 2002—external investigations under s 445

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 Quinton Newcomb of Fulcrum Chambers 9th Apr

Practice notes

Immunity

Immunity under the Serious Organised Crime and Police Act 2005Since 1 April 2006 there has been a statutory framework for giving immunity. It was not...

9th Apr

Practice notes

Applications for the return of property seized during criminal investigations

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...

9th Apr

Practice notes

Criminal trial held in the absence of the defendant

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Apr

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 Apr

Practice notes

Civil recovery—enforcement abroad

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

Young offenders and the criminal justice system [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. For information on trials of children and young people, see: Trial of Children...

9th Apr

Practice notes

Securities, sureties and other conditions of bail

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...

9th Apr

Practice notes

The service of prosecution evidence in Crown Court proceedings

Time limitsWhere a defendant appears before a magistrates’ court charged with an indictable-only offence, or an either way offence, and is sent for a...

Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr

Practice notes

Reporting restrictions in allocation and sending proceedings

For information on the application of reporting restrictions in criminal proceedings generally, see Practice Note: Reporting restrictions in criminal...

9th Apr

Practice notes

Allocation and sending for trial—sending of cases forthwith to the Crown Court for trial

The legislative frameworkSection 41 of the Criminal Justice Act 2003 (CJA 2003) and CJA 2003, Sch 3 significantly amended the procedure to be followed...

9th Apr

Practice notes

Challenging private prosecutions

This Practice Note explains the key themes and practical considerations to challenging private prosecutions. It should be read in conjunction with...

Produced in partnership with Michelle Sloane of RPC 9th Apr

Practice notes

Drafting an information

Legal requirements of an informationThere are a number of ways of commencing criminal proceedings in England and Wales:•charge at the police station...

9th Apr

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Magistrates' court proceedings

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Latest Corporate Crime News

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Power of Crown Court judges to deal with flawed committals (R v Gould)

Corporate Crime weekly highlights—8 April 2021

Ringing the changes with the CPS’s Economic Crime Strategy 2025

Featured Corporate Crime content

Voluntary manslaughter

Transferred malice

Causation and intervening acts in criminal cases

Common assault and battery

Most recent Magistrates' court proceedings content

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