Decision to prosecute

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
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 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
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
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
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
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 Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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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
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 Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
Practice notes
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov

Most recent Decision to prosecute content

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.The...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 14th 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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Produced in partnership with Alistair Grainger of 25 Bedford Row 14th 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
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
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
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
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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus pandemic. The Crown Prosecution Service has, in...
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17th Mar
Practice notes
What amounts to the conclusion of criminal proceedings?A typical criminal case concludes with either an acquittal at the end of a trial, or a...
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Produced in partnership with Eva Niculiu of Three Raymond Buildings 16th Mar
Practice notes
Civil recovery of property, which represents criminal property derived from unlawful conductCivil recovery is the name given to the powers under Part...
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11th Mar
Practice notes
Commencing proceedings against a companyBefore a company is prosecuted a decision will be taken as to who is the appropriate prosecuting body. Once...
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11th Mar
Practice notes
Judicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies are challenged in the High Court.Judicial...
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11th Mar
Practice notes
What is a fixed penalty notice?The Criminal Justice and Police Act 2001 (CJPA 2001) makes provision for fixed penalty notices in respect of specified...
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24th Feb
Practice notes
Involvement of prosecutors in conditional cautionsConditional cautions were implemented by sections 22–27 of the Criminal Justice Act 2003 (CJA 2003)....
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24th Feb
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus pandemic. The Crown Prosecution Service has, in...
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24th Feb

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