The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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...
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
Section 85 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) provides that a relevant offence which is punishable on summary...
National security certificates prior to the Data Protection Act 2018 (DPA 2018) were dealt with under Section 28 of the Data Protection Act 1998 (DPA...
This response looks at the situation when a known suspect is considered ‘unavailable’ for the purposes of police identification procedures, and what...
Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example,...
The main issues raised in the appeal of R v Baxter concerned digital devices and evidence available from witnesses. The appeal raised four issues of...
For the purposes of this Q&A, it is assumed that reference is being made to appeals (under section 299 of the Proceeds of Crime Act 2002 (POCA 2002))...
Professional privilege—core principlesThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers....
Restraint and confiscationSecured third party interests in property held by a defendant in restraint and receivership proceedings benefit from limits...
Exclusion of evidence from the trialRelevant evidence must concern an issue in the case. That may be so whether or not that issue is actively disputed...
The duty to give information as to the identity of a driver in certain circumstances arises in relation to:•any offence created by sections 1–171 of...
Section 26 of the Road Traffic Offenders Act 1988 (RTOA 1988) provides the courts with the ability to order an interim disqualification order where,...
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