Commencing proceedings

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
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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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th 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...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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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
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 Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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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
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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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 ‘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
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 12th Jan

Most recent Commencing proceedings content

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
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
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
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
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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9th Apr
Q&As
Part 2 of the Housing Act 2004 (HA 2004) makes provision for a house in multiple occupation (HMO) to require a licence.HA 2004, s 61 imposes the legal...
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8th Apr
Practice notes
Summary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or detention in a young offender...
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7th Apr
Q&As
We have assumed that this relates to an offence under section 30(1) of the Housing Act 2004.Where an improvement notice served under Part 1 of the...
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6th Apr
Practice notes
This Practice Note provides a summary of the key factors in bringing a private prosecution. It is designed to provide a practical resource to those...
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Produced in partnership with Michelle Sloane of RPC 25th Mar
Practice notes
All criminal cases begin in the magistrates' court however serious the offence. There are a number of ways of commencing criminal proceedings in...
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16th Mar
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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16th Mar
Practice notes
For information on how criminal prosecutions are commenced in England and Wales, see Practice Notes: Commencing criminal proceedings—applying for the...
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25th Feb
Q&As
The time limit for commencing a prosecution depends on the offence committed, however we refer you to the Q&A: Is there a limitation period for...
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13th Feb
Q&As
When faced with a summons issued by the magistrates’ court following an application by a private prosecutor, various options are available to the...
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13th Feb
Q&As
When considering fraud under section 993 of the Companies Act 2006, if the offence is indictable, is there a time limit for laying the...
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29th Jan
Q&As
The Prosecution of Offences (Custody Time Limits) Regulations 1987, SI 1987/299, made pursuant to section 22 of the Prosecution of Offences Act 1985...
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Produced in partnership with Philip Rule 8th Jan
Q&As
Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction...
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Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan
Q&As
We have assumed that this question relates to an offence of failure to comply with a hygiene improvement notice issued under the Food Safety and...
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6th Dec

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