Sentence and prison law

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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
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 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 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 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
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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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 Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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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
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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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
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where 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 9th Nov

Most recent Sentence and prison law content

Practice notes
ARCHIVED: This archived Practice Note is for background information only and is not being maintained. No new financial reporting orders can be made in...
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26th Nov
Practice notes
Why were the rules on rehabilitation of offenders changed?The Rehabilitation of Offenders Act 1974 (ROA 1974) was brought into force to support the...
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26th Nov
Practice notes
This Practice Note explains the powers available to deal with anti-social behaviour in an environmental context, in particular those introduced by the...
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Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 26th 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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25th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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25th Nov
Practice notes
This Practice Note reviews the parts of the Sentencing Council’s offence-specific guidelines which are used by the magistrates’ courts and Crown...
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Produced in partnership with Richard Heller of Drystone Chambers 25th Nov
Practice notes
This Practice Note reviews the parts of the Sentencing Council’s offence-specific guidelines which are used by the magistrates’ courts and Crown...
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Produced in partnership with Richard Heller of Drystone Chambers 25th Nov
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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25th Nov
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 25th Nov
Practice notes
This Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974). It also considers...
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Produced in partnership with Will Glover and Angharad Hughes of 3 Temple Gardens 25th Nov
Practice notes
The Offenders Rehabilitation Act 2014 (ORA 2014) introduces changes to the release arrangements for adult offenders serving custodial sentences of...
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25th Nov
Practice notes
Revocation for breach of community orderUnder the Criminal Justice Act 2003 (CJA 2003) a Crown Court or magistrates' court has the power to revoke a...
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25th Nov
Practice notes
Determinate sentences of imprisonmentA determinate sentence of imprisonment is a fixed term of imprisonment. An offender with a determinate sentence...
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25th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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Produced in partnership with Hardwicke Chambers 25th Nov
Practice notes
This Practice Note provides an introduction to the Sentencing Council’s General Guideline—overarching principles (the General guideline), which should...
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23rd Nov
Practice notes
The Sentencing Council (SC) of England and Wales is empowered by section 120 of the Coroners and Justice Act 2009 (CJA 2009) to develop and produce...
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23rd Nov
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 20th Nov
Practice notes
What is a surcharge in criminal proceedings?When a court orders the payment of a surcharge, it is imposing a financial order on an offender. This...
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19th Nov
Practice notes
Sentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing guidelines (see Practice Note: Sentencing—Sentencing...
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16th Nov

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