Driving offences triable on indictment

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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
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
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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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
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
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
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
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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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
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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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
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
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
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
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov
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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9th Nov

Most recent Driving offences triable on indictment content

Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Apr
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 Apr
Practice notes
Duress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason....
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9th Apr
Practice notes
The elements of the offenceCausing death by careless driving when under the influence of drink or drugs is an offence under section 3A of the Road...
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Produced in partnership with Paul Renteurs of 2 Hare Court 9th Apr
Practice notes
The elements of the offence of dangerous drivingDangerous driving is an offence under the Road Traffic Act 1988, s 1 (RTA 1988). This is an indictable...
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Produced in partnership with 18 Red Lion Court 18th Mar
Practice notes
The offence of falsifying, altering or failing to make required recordsThere are a number of offences contained within the Transport Act 1968 (TrA...
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Produced in partnership with Red Lion Chambers 9th Mar
Practice notes
Causing death by careless or inconsiderate drivingIf a person drives a car carelessly or without consideration for other road users and their driving...
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Produced in partnership with Red Lion Chambers 5th Mar
Practice notes
The offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be tried in the Crown...
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Produced in partnership with Red Lion Chambers 5th Mar
Practice notes
Causing death by driving while disqualifiedSection 3ZC of the Road Traffic Act 1988 (RTA 1988) creates a separate offence of causing death by driving...
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Produced in partnership with Red Lion Chambers 5th Mar
Q&As
Handling stolen goodsThis Q&A covers the offence of handling stolen goods and the offence under section 22 of the Theft Act 1968. It also considers...
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13th Feb

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