Magistrates' court proceedings

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Practice notes
Compensation orders in criminal casesThe procedural rules relating to the criminal courts’ powers to make compensation orders are contained in...
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19th May
Practice notes
Criminal act or omissionOmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act...
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19th May
Practice notes
Aggravated vehicle-takingThe offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Cash seizure and detentionChanges under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various...
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19th May
Practice notes
Money laundering offences—concealing, disguising, converting, transferring and removingIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end...
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Produced in partnership with Jessica Parker of Corker Binning 19th May
Practice notes
Active bribery, passive bribery and bribing foreign public officialsThe purpose of this Practice Note is to provide a general understanding of the...
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Produced in partnership with Joanne Kane of Carmelite Chambers 19th May
Practice notes
Possession of indecent photographs of a child and prohibited images of childrenOffence of possession of an indecent photograph of a childIt is an...
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Produced in partnership with Doughty Street Chambers 19th May
Practice notes
Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
Practice notes
Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
Practice notes
Grounds for refusing bailThe right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’...
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19th May
Practice notes
Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 19th May
Practice notes
Sexual harm prevention ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...
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19th May
Practice notes
Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and...
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19th May
Practice notes
Solemn procedure in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 19th May

Most recent Magistrates' court proceedings content

Q&As
What are the timescales for bringing a prosecution for the contravention of a tree preservation order under section 210 of the Town and Country...
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1st Aug
Q&As
How can a defendant challenge the magistrates’ court decision to issue a summons which had been applied for by a private prosecutor?When faced with a...
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1st Aug
Q&As
Is there a limitation period for prosecutions brought by a highway authority in respect of a criminal offence under section 219(2) of the Highways Act...
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1st Aug
Q&As
What is the time period for bringing a prosecution for failing to comply with a hygiene improvement notice?We have assumed that this question relates...
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1st Aug
Q&As
When considering fraud under section 993 of the Companies Act 2006, if the offence is indictable (triable either way), is there a time limit for...
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1st Aug
Q&As
Under which legislation should an offence be summonsed when the law has changed between offence and summons?See:•Practice Note: Commencing criminal...
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1st Aug
Q&As
Is there a time limit for trespass or aggravated trespass under section 68(1) of the Criminal Justice and Public Order Act 1994?Time limitsAn offence...
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1st Aug
Q&As
What is the time limit for bringing a prosecution for a summary only offence?We refer you to Practice Note: Commencing criminal proceedings—applying...
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1st Aug
Q&As
What is the time limit for lodging a highways prosecution in the magistrates’ court of a summary only offence under the Highways Act 1980 (HiA...
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1st Aug
Q&As
In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown...
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31st Jul
Q&As
What are the provisions regarding the consent required from the Director of Public Prosecutions to prosecute offences under the Customs and Excise...
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31st Jul
Q&As
What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and...
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31st Jul
Q&As
Can a prosecution be brought after a simple caution has been issued? How can a local authority start criminal proceedings for a criminal regulatory...
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31st Jul
Q&As
Should a witness statement, which has been produced for a criminal trial, be disclosed in civil proceedings concerning the same issues?From a criminal...
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31st Jul
Q&As
Can private prosecutions be brought in Scotland?Historically, the power of prosecution rested originally neither with the private party, nor the...
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31st Jul
Q&As
What is the time limit for prosecuting a defendant for failing to have a licence for a house in multiple occupation?Part 2 of the Housing Act 2004 (HA...
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31st Jul
Q&As
What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection...
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Produced in partnership with Denis Edwards of Normanton Chambers 31st Jul

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