Sentencing powers

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WhatsApp faces revamped EU GDPR penalty after national enforcers contest fine range

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Amazon fined record €746m for EU GDPR privacy breach

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FCA probes Monzo bank over potential AML breaches

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Witness in ENRC claim calls into question SFO’s disclosure exercise in 2016 privilege case

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Featured Corporate Crime content

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under...

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who...

Burden and standard of proof in criminal proceedings

Burden and standard of proof in criminal proceedingsThere are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party...

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown...

Practice notes

Entrapment

Entrapment 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...

19th May

In-house

Practice notes

Breach of bankruptcy restriction order

Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...

19th May

Practice notes

Intentional harassment, alarm or distress

Intentional harassment, alarm or distressThis Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to...

19th May

Practice notes

Procedure during a Crown Court trial—arraignment, trial requirements and evidence

Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...

Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May

Practice notes

Intimate searches

Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...

19th May

Practice notes

Non-intimate samples

Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...

19th May

Practice notes

Indecent images of children

Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...

19th May

Practice notes

Possession of controlled drugs

Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...

19th May

Practice notes

Dangerous driving

Dangerous drivingThe offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be...

Produced in partnership with Red Lion Chambers 19th May

Practice notes

NMC Fitness to Practise Hearings—the impairment stage

NMC Fitness to Practise Hearings—the impairment stageCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by...

Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May

Practice notes

Reporting restrictions in criminal cases

Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...

Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May

Practice notes

Excluding evidence of bad character

Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...

Produced in partnership with Hannah Thomas of 2 Hare Court 19th May

Practice notes

Commencing criminal proceedings—applying for the issue of a summons

Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....

19th May

COVID-19

Practice notes

Application to dismiss

Application to dismissApplication to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after...

19th May

Practice notes

Custody time limits

Custody time limitsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In...

19th May

In-house

Practice notes

Is an arrest necessary?

Is an arrest necessary?Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself...

19th May

Most recent Sentencing powers content

Q&As

What is the penalty the magistrates court can impose on summary conviction for breaching section 33 of the Environmental Protection Act 1990?

What is the penalty the magistrates court can impose on summary conviction for breaching section 33 of the Environmental Protection Act...

1st Aug

Q&As

What impact does the bringing of an appeal against conviction have on a fine imposed by way of sentence? Does the offender have to pay the fine imposed within the ordered time limit even though an appeal against conviction has been commenced?

What impact does the bringing of an appeal against conviction have on a fine imposed by way of sentence? Does the offender have to pay the fine...

Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug

Q&As

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?Handling stolen...

31st Jul

Q&As

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?As was noted in Phonographic...

Produced in partnership with David Gardner of No 5 Chambers 31st Jul

Q&As

When does a youth caution become spent?

When does a youth caution become spent?If a conviction or caution has become spent, for most purposes the offender is treated as having never...

31st Jul

Q&As

Are offences in section 33 of the Environmental Protection Act 1990 recordable offences in line with the National Police Records (Recordable Offences) Regulations 2000, SI 200/1139? If so, at what point are they recordable for the purpose of inserting/logging on the Police National Computer?

Are offences in section 33 of the Environmental Protection Act 1990 recordable offences in line with the National Police Records (Recordable Offences)...

31st Jul

Q&As

Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?

Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?Basis of a referral orderA court is able to make a...

31st Jul

Q&As

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the...

31st Jul

Practice notes

Duty to give reasons for and explain the effect of a sentence

Duty to give reasons for and explain the effect of a sentenceThis Practice Note reflects the procedural code for sentencing offenders in England and...

30th Jul

Practice notes

Sentences and the power to vary a sentence

Sentences and the power to vary a sentenceCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...

30th Jul

Practice notes

Supervision of offenders post sentence

Supervision of offenders post sentenceSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the...

30th Jul

Practice notes

Sentencing dangerous offenders

Sentencing dangerous offendersThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...

30th Jul

Practice notes

Receiving credit for and review of sentence following assistance given or withheld by the defendant

Receiving credit for and review of sentence following assistance given or withheld by the defendantThis Practice Note reflects the procedural code for...

30th Jul

Practice notes

Young offenders and the criminal justice system [Archived]

Young offenders and the criminal justice system [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For information on...

30th Jul

Practice notes

Sentencing Council General Guideline—Overarching Principles

Sentencing Council General Guideline—Overarching PrinciplesThis Practice Note reflects the procedural code for sentencing offenders in England and...

30th Jul

Practice notes

Sentencing guidelines for sexual offences

Sentencing guidelines for sexual offencesThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of...

30th Jul

Practice notes