Magistrates' court proceedings

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Practice notes
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...
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9th Nov
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
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 Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
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'...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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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
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...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Corker Binning 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 ‘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

Most recent Magistrates' court proceedings content

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 Apr
Practice notes
Initial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of the prosecution case (IDPC) are...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 9th Apr
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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9th Apr
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 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...
Read More >
Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Apr
Practice notes
This Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and Crown Prosecution...
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9th Apr
Practice notes
What is a deferred prosecution agreement?A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to...
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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 Quinton Newcomb of Fulcrum Chambers 9th Apr
Practice notes
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...
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9th Apr
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Apr
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 Apr
Practice notes
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...
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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
ARCHIVED: This Practice Note has been archived and is not maintained. For information on trials of children and young people, see: Trial of Children...
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9th Apr
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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9th Apr
Practice notes
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...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
For information on the application of reporting restrictions in criminal proceedings generally, see Practice Note: Reporting restrictions in criminal...
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9th Apr
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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9th Apr
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 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

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