Commencing proceedings

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Practice notes
Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
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19th May
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Intentional harassment, alarm or distressThis Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to...
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19th May
Practice notes
Sentencing guidelines for sexual offencesThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of...
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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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Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
Investigatory Powers TribunalFor information on the overarching regime for scrunity of the use of powers under the Investigatory Powers Act 2016 (IPA...
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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
Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013What are hygiene improvement notices?Hygiene...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
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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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
Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Conducting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...
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19th May
Practice notes
Application to dismissApplication to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after...
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19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Commencing proceedings content

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
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...
Read More >
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 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
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
Practice notes
Commencing criminal proceedings—written charge and requisition or single justice procedure noticeAll criminal cases begin in the magistrates' court...
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30th Jul
Practice notes
Committal for sentenceSummary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or...
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30th Jul
Practice notes
Reporting restrictions in allocation and sending proceedingsFor information on the application of reporting restrictions in criminal proceedings...
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30th Jul
Practice notes
Allocation and sending—either-way offences not sent forthwith to the Crown Court for trialProcedure for either-way offences not sent forthwith to the...
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30th Jul
Practice notes
The service of prosecution evidence in Crown Court proceedingsTime limitsWhere a defendant appears before a magistrates’ court charged with an...
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Produced in partnership with Hannah Thomas of 2 Hare Court 30th Jul
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
Read More >
Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 30th Jul

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