Private prosecutions

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Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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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
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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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
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
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
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
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Produced in partnership with Red Lion Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation...
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9th Nov
Practice notes
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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9th Nov
Practice notes
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...
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9th Nov
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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9th Nov
Practice notes
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...
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9th Nov
Practice notes
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...
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9th Nov

Most recent Private prosecutions content

Practice notes
Private prosecutor’s role as a Minister of JusticeA private prosecutor is required to act as a ‘Minister of Justice.’However, a private prosecutor is...
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Produced in partnership with Mark Cotter QC and Edmund Burge QC of 5 St Andrew’s Hill 6th May
Practice notes
Key documentsThis Practice Note should be read in conjunction with the following documents:•the Prosecution of Offences Act 1985 (POA 1985)•the Costs...
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Produced in partnership with Hannah Laming and Emmy Ehrenberg-Shannon of Peters & Peters Solicitors LLP 20th 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
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
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
This Practice Note discusses the use of restraint orders, confiscation proceedings and compensation orders in the context of private...
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Produced in partnership with Hannah Lamming of Peters & Peters Solicitors LLP 15th Mar
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
Historically, the power of prosecution rested originally neither with the private party, nor the public prosecutor, but with the court (see Angus...
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4th Feb
Q&As
From a criminal law perspective, can witness statements in criminal proceedings be used in other proceedings?Section 17 of the Criminal Procedure and...
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28th Nov

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