Magistrates' court proceedings

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Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 12th Jan
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
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
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
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
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
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
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...
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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 Magistrates' court proceedings content

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
Q&As
The time limit for commencing a prosecution depends on the offence committed, however we refer you to the Q&A: Is there a limitation period for...
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13th Feb
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
When considering fraud under section 993 of the Companies Act 2006, if the offence is indictable, is there a time limit for laying the...
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29th Jan
Q&As
The Prosecution of Offences (Custody Time Limits) Regulations 1987, SI 1987/299, made pursuant to section 22 of the Prosecution of Offences Act 1985...
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Produced in partnership with Philip Rule 8th Jan
Q&As
Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction...
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Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan
Q&As
We have assumed that this question relates to an offence of failure to comply with a hygiene improvement notice issued under the Food Safety and...
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6th Dec
Q&As
Service of initial details of the prosecution caseThe Criminal Procedure Rules 2020, SI 2020/759, part 8 (CrimPR), applies in any case (r. 8.1(1))....
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6th Dec
Q&As
We refer you to Practice Note: Commencing criminal proceedings—applying for the issue of a summons under the heading Time limits for summary only...
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6th Dec
Q&As
Time limitsAn offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) is a summary offence (see subsection 3 (CJPOA...
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6th Dec
Q&As
Note that references to Director of Revenue and Customs Prosecutions now refers to Director of Public Prosecutions (DPP) (Section 145(1) of the...
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6th Dec
Q&As
The offenceAs identified, section 219(2) of the Highways Act 1980 (HiA 1980) makes it an offence for an owner of land to carry out work in...
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6th Dec
Q&As
See:•Practice Note: Commencing criminal proceedings—applying for the issue of a summons and•Practice Note: Drafting an informationSee the section...
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6th Dec
Q&As
In this Q&A, we refer to the issue of a simple caution under section 17 of the Criminal Justice and Courts Act 2015 (CJCA 2015).Simple cautionsThe use...
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6th Dec
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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