Credit for guilty plea and mitigation

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Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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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
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
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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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
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
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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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
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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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
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 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
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
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
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9th Nov

Most recent Credit for guilty plea and mitigation content

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
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
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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16th Nov
Practice notes
This Practice Note explains the scope and purpose of the Sentencing Code which was created by the Sentencing Act 2020 and which, from 1 December 2020,...
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16th 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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12th Nov
Practice notes
Once a defendant has been convicted of a criminal offence by a criminal court in England and Wales, the court will move to consider what sentence...
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26th Sep

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