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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
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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9th Nov
Practice notes
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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9th Nov
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
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
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
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
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
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 Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan
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
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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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
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
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
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

Most recent Q&As content

Q&As
Cash is defined in chapter 3 part 5 of the Proceeds of Crime Act 2002 (POCA 2002) (recovery of cash in summary proceedings) 2002 section 289(6). The...
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6th Dec
Q&As
The Criminal Finances Bill received Royal Assent on 27 April 2017 and became the Criminal Finances Act 2017 (CFA 2017). Under CFA 2017, s 58 secondary...
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6th Dec
Q&As
In order for the Crown Court to consider making a confiscation order, the statutory conditions under section 6 of the Proceeds of Crime Act 2002 (POCA...
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6th Dec
Q&As
In answering this Q&A, research has been limited to cover offences under section 1 and 2 of the Modern Slavery Act 2015 (MSA 2015) and other possible...
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6th Dec
Q&As
We have limited our research to cover searches conducted under Police and Criminal Evidence Act 1984 (PACE 1984).The power under PACE 1984, s 32 to...
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6th Dec
Q&As
Many of the common environmental offences impose strict liability on the actions of a defendant. When an offence does not require proof of a mental...
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6th Dec
Q&As
What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the dissolution of Parliament. It...
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29th Nov
Q&As
Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (Brexit SIs) are formally laid in...
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29th Nov
Q&As
What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the dissolution of Parliament. It...
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29th Nov
Q&As
We would like to refer you to the Brexit legislation tracker — Brexit SI database, which collates details of draft and made SIs laid before Parliament...
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29th Nov
Q&As
Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond.In light of COVID-19 developments and...
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29th Nov
Q&As
Appointed representatives are by definition not authorised persons and are exempt from the need to obtain an authorisation, though certain individuals...
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28th Nov
Q&As
For the purposes of this Q&A, we have assumed that there is no element of collusion or conspiracy between the actual supplier and the purported...
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28th Nov
Q&As
For the purposes of this Q&A we have not considered marketing and employment issues.Civil proceedingsThe question of admissibility of evidence in...
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28th Nov
Q&As
General principles—privilege and confidentialityOne of the more challenging issues a practitioner faces during litigation, and in particular during...
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28th Nov

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