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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
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 Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
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
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
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
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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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
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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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
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
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 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
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov

Most recent Q&As content

Q&As
Section 85 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) provides that a relevant offence which is punishable on summary...
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13th Feb
Q&As
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...
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13th Feb
Q&As
There will be times when it is impossible for a client physically to sign a document that they are otherwise required to sign. This may be, for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
Requirement of notice of intended prosecutionA notice of intended prosecution (NIP) is a notification, usually by the police, that a prosecution is...
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13th Feb
Q&As
Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example,...
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13th Feb
Q&As
This Q&A covers money laundering offences under the Proceeds of Crime Act 2002 (POCA 2002), statutory tax and duty evasion offences, and the common...
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13th Feb
Q&As
BackgroundThe Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (the Regulations) SI 2010/2960 apply to the sale and...
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13th Feb
Q&As
For general information on fitness to practice proceedings brought by the General Dental Council (GDC), see: General Dental Council—overview. A GDC...
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13th Feb
Q&As
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...
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Produced in partnership with Jessica Maguire of Corker Binning 13th Feb
Q&As
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))...
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13th 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
Professional privilege—core principlesThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers....
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13th Feb
Q&As
In answering this Q&A we have limited our research to cover police powers to obtain such evidence.Powers to obtain or compel a suspect to provide...
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13th Feb
Q&As
Restraint and confiscationSecured third party interests in property held by a defendant in restraint and receivership proceedings benefit from limits...
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13th Feb
Q&As
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...
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Produced in partnership with Philip Rule 13th Feb
Q&As
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...
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13th Feb
Q&As
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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Produced in partnership with Philip Rule 13th Feb

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