Magistrates' court proceedings

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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
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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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
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
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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 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
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
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
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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9th Nov
Practice notes
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
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9th Nov
Practice notes
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...
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9th Nov

Most recent Magistrates' court proceedings content

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
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
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
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
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
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
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
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
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
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
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
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 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
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...
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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

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