The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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...
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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...
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...
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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...
Categorisation is the process by which a prisoner’s security category is determined. This affects the type of prison in which they may be held, but it...
Judicial review of decisions affecting prisonersThe decisions of a public authority including prisons, Parole Board and Government departments, can be...
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
STOP PRESS: This Practice Note is being reviewed in light of recent developments in the process for challenging a preliminary decision of the Parole...
Parole Board recommendations for licence conditionsWhen directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the...
Mandatory drugs testing—when and why?Mandatory drug testing (MDT) was introduced in 1995 through an amendment to the Prison Act 1952 (PA 1952). It is...
What is IEPS?The national Incentives and Earned Privilege Scheme (IEPS) was introduced in 1995 on the recommendation of Lord Justice Woolf following...
Can a prisoner request a transfer?Prisoners in England and Wales (either on remand or after conviction) can lawfully be held in any prison and there...
Repatriation is the process whereby a prisoner serving a sentence of imprisonment in one country may be able to serve the balance of their sentence in...
Statutory FunctionsThe parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning...
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