Decision to prosecute

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Practice notes
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
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19th May
Practice notes
Strict liabilityStrict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common...
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19th May
Practice notes
Possession of a bladed articleThe offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in...
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19th May
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 19th May
Practice notes
Assault with intent to resist or prevent arrestThe offence of assault with intent to resist or prevent arrestAssault with intent to resist or prevent...
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19th May
Practice notes
Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...
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19th May
Practice notes
Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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19th May
Practice notes
Applications for the return of property seized during criminal investigationsAny informal request or formal application for the return of property...
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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
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...
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19th May
Practice notes
Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 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
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
Criminal Practice DirectionsThe Lord Chief Justice has power, including power under the Courts Act 2003 and the Constitutional Reform Act 2005, to...
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19th May
Practice notes
Disclosure of evidence 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 Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May

Most recent Decision to prosecute 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
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
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
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
Practice notes
Civil recovery—enforcement abroadCivil recovery—enforcement abroad (historic position)Before the commencement of the Crime and Courts Act 2013,...
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30th Jul
Practice notes
Young offenders and the criminal justice system [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For information on...
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30th Jul
Practice notes
Civil recovery orders under the Proceeds of Crime Act 2002Civil recovery of property, which represents criminal property derived from unlawful...
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30th Jul
Practice notes
Penalty notices following LASPO 2012What is a fixed penalty notice?The Criminal Justice and Police Act 2001 (CJPA 2001) makes provision for fixed...
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30th Jul
Practice notes
Failing to surrender, absconding and breach of bail conditionsBench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 30th Jul
Practice notes
End of criminal proceedings—an introduction to the possible means of disposalWhat amounts to the conclusion of criminal proceedings?A typical criminal...
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Produced in partnership with Eva Niculiu of Three Raymond Buildings 30th Jul
Practice notes
Conditional cautions after LASPO 2012Involvement of prosecutors in conditional cautionsConditional cautions were implemented by sections 22–27 of the...
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30th Jul
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...
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30th Jul
Practice notes
DPA Code of PracticeThis Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and...
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30th Jul
Practice notes
Private prosecutions—an introductory guidePower to bring a private prosecutionA private prosecution is one brought by a private individual, company or...
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30th Jul
Practice notes
Challenging private prosecutionsThis Practice Note explains the key themes and practical considerations to challenging private prosecutions. It should...
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Produced in partnership with Michelle Sloane of RPC 30th Jul
Practice notes
CPS Guidelines for bribery and other criminal offences involving the mediaGuidelines which apply when considering a chargeThe Director of Public...
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Produced in partnership with Emily Agnoli of Simmons & Simmons 30th Jul
Practice notes
POCA 2002—external investigations under s 445Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 30th Jul
Practice notes
Alternatives to prosecution for adultsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus pandemic....
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30th Jul

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