Alex McHugh

This Practice Note explains the criminal offences created by the Psychoactive Substances Act 2016 (PSA 2016) relating to the production, supply, offering, possession, importing, exporting, and possession of psychoactive substances which mimic the effects of drugs regulated under the Misuse of Drugs Act 1971. It explains the background to the introduction of the offences, key definitions, penalties and the civil notices (prohibition notices and premises notices) and civil orders (prohibition orders and premises orders) which can be made as an alternative to prosecution.

This Practice Note explains the elements of the offence of possession with intent to supply a controlled drug under the Misuse of Drugs Act 1971. It includes information on definitions of possession, controlled drug and intent to supply as well as the available defences to the offence and the sentence which may be imposed following conviction with reference to the Sentencing Guidelines.

This Practice Note explains the types of pre-trial hearings which can take place in the Crown Court. It explains plea and trial preparation hearings (PTPHs), further case management hearings (FCMHs) and compliance hearings in the Crown Court. The Practice Note covers preparation for trials in the Crown Court, including PTPHs, what happens at a PTPH, forms, the role of case progression officers, when further case managements hearings (FCMHs) can take place before a Crown Court trial and the use of live links in pre-trial hearings in the Crown Court as well as explaining the requirements of the Criminal Procedure Rules 2025 (CrimPR 2025).

This Practice Note explains the elements of the offence of the production of a controlled drug contrary to section 4 of the Misuse of Drugs Act 1971 and provides definitions and examples of these elements. It includes the statutory defences which are available to a charge of production of a controlled drug and the likely sentence that is may be imposed following conviction. It includes links to the Sentencing Council’s sentencing guideline for production of a controlled drug and to the General guideline—overarching principles.

This Practice Note explains the elements of the offence of failing to provide a specimen of breath, blood or urine for analysis without reasonable excuse in the course of an investigation into whether the defendant has committed a drinks or drugs based driving offence, under section 7 of the Road Traffic Act 1988 (RTA 1988). It includes definitions which are relevant to the offence, of refusing to provide a specimen, defences which are available despite refusal (including giving a reasonable excuse or medical reason for the lack of cooperation) and the maximum penalty which may be imposed following conviction along with links to the relevant Sentencing Guidelines. It also considers the separate offence of failing to give permission for a laboratory test (RTA 1988, s 7(A)).

This Practice Note explains the offence of failing to co-operate with a preliminary test under section 6 of the Road Traffic Act 1988. It explains the three types of preliminary test and when they can be required. The Note includes information on the defences available and the maximum penalty which may imposed following conviction, and links to the Sentencing Council’s online sentencing guidelines for this offence.

This Practice Note explains special reasons for the purposes of sections 34(1) and 44(2) of the Road Traffic Offenders Act 1988 (RTOA 1988), that is, as mitigation in respect of motoring offences. It explains special reasons (such as emergency or laced drinks) as the basis for avoiding an obligatory disqualification or obligatory endorsement of a driving license (penalty points) or reducing a disqualification period. It covers why special reasons amount to mitigating grounds or extenuating circumstances when sentencing for driving offences (but not a defence). It explains that, even where special reasons are found, disqualification or penalty points (license endorsement) remain at the discretion of the court. The procedure for arguing special reasons and the practical benefits of doing so are included in the Practice Note. Practical examples of special reasons are provided along with the questions which the court will ask.

This Practice Note explains the offence of sexual assault under section 1 of the Sexual Offences Act 2003 (SOA 2003) as well as the offences of assault by penetration under SOA 2003, s 2 and of causing a person to engaging in sexual activity without consent under SOA 2003, s 4. It also explains the old law relating to indecent assault under the Sexual Offences Act 1956 and Sexual Offences (Amendment) Act 1976 which pre-dated SOA 2003 but under which offences are still routinely prosecuted. The Practice Note explains the elements of the offence, consent and the meaning of penetration, sexual touching, intention and the affect of intoxication. It describes sentencing practice for sexual assault and includes links to the relevant sentencing guidelines and the General guideline—overarching principles.

This Practice Note explains the power to make and effect of a conviction based sexual harm prevention order (SHPO) under sections 343–349 of the Sentencing Act 2020 (SA 2020). SHPOs can also be made otherwise than in connection with a conviction under sections 103A–103K of the Sexual Offences Act 2003 (SOA 2003). This Practice Note examines the statutory criteria that must to be satisfied before the court can impose a SHPO, the minimum and maximum time for a travel ban or the fixed period (duration), the powers of the court to renew, vary or discharge a post conviction SHPO, interim SHPOs and the procedure for obtaining an order. It also considers offences of breach of a SHPO and the Sentencing Council’s guidelines for judges and magistrates to apply when they are sentencing offenders who have breached SHPOs.

This Practice Note explains the trial by single justice on the papers procedure under the Magistrates’ Court Act 1980 (MCA 1980) which was introduced by the Criminal Justice and Courts Act 2015 (CJCA 2015). It explains which qualifying cases the single justice procedure can be used for and the process to be followed, including the requirement to serve a single justice procedure notice (SJPN). The time limits and process required by the Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025) are also explained.

This Practice Note explains the offence of speeding which is created by the Road Traffic Regulation Act 1984 (RTRA 1984). It includes evidence and admissibility in speeding cases and the statutory and non-statutory defences and provides examples from case law. This Practice Note includes the sentence applicable for a speeding offence.

This Practice Note explains the finding of contempt of court under section 2 of the Contempt of Court Act 1981, previously known as the sub judice rule and the statutory defences available to a newspaper or publisher. It explains quasi-contempt and the other statutory offences for contempt of court.

This Practice Note deals with the law relating to transferred mens rea, sometimes referred to as transferred malice. It covers the principle of transferred mens rea, the relevance of transferred mens rea/transferred malice to secondary participation in a crime and how a charge can be based on transferred mens rea.