Saba Naqshbandi

This Practice Note explains the case management powers of the magistrates’ courts when dealing with summary only cases or cases triable either way which are before the magistrates’ courts. It covers the case management powers under Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 3, before the case comes before the court, the case management steps to expect at the first appearance of the defendant before the court, the completion of the Preparation for Effective Trial form (PET form) and the use of live links in case management. It also explains the principles the court will apply in determining applications for adjournments in the magistrates’ court and the consequences of failure to comply with case management directions.

This Practice Note explains how confiscation orders are satisfied and, where they are not, how they are enforced in the magistrates’ courts. It covers the time period for the payment of confiscation orders and the extent to which time for payment can be extended. The court’s powers to impose an attachment of earnings order, a warrant of distress, or to appoint a receiver or the sale of seized personal property to satisfy a confiscation order are also explained. It introduces the ultimate sanction, which is a warrant of commitment whereby the defendant (offender) who has not paid the confiscation sum, is committed to prison to serve the term of imprisonment in default of payment. The way in which money paid in satisfaction of the confiscation order to the Justices Chief Executive of the magistrates’ court is applied, to whom and in what order is set out according to the regime under the Proceeds of Crime Act 2002 (POCA 2002) are also covered.

This Practice Note explains the two corporate criminal offences of failure to prevent the facilitation of tax evasion created by sections 45 and 46 of the Criminal Finances Act 2017 (CFA 2017). It covers the elements of both the UK and foreign corporate tax evasion offences, the available ‘reasonable procedures’ statutory defences and the penalties payable on conviction. It also draws on the publication ‘Tackling tax evasion: Government guidance for the corporate offence of failure to prevent the criminal facilitation of tax evasion’. It also considers whether there is scope for further corporate liability for failure to prevent economic crime offences generally.

This Practice Note explains the issues which may arise and the steps which should be taken in order to prepare for a coroner’s inquest hearing. It explains what happens at the opening of an inquest, the issues which may be covered during a pre-inquest review (PIR) hearing and the practical steps which interested parties should consider making. The Practice Note also covers disclosure in inquest proceedings.

This Practice Note explains the ill-treatment or wilful neglect offences in England and Wales by people or organisations responsible for providing care under sections 20 and 21 of the Criminal Justice and Courts Act 2015 (CJCA 2015). It explains the regime for the prevention of ill-treatment or neglect and the elements of both the care provider offence and the care worker offence and provides guidance on key definitions, who can be prosecuted for these offences and the sentences which can be imposed on conviction.

This Practice Note considers the powers under sections 339ZH to 339ZK of the Proceeds of Crime Act 2002 (POCA 2002) for the National Crime Agency (NCA) to obtain information orders against any person in the regulated sector who has submitted a suspicious activity report (SAR). It covers the key requirements for making an order, key considerations for respondents including privilege considerations, the penalty for failing to comply with an information order, challenges and appeals.

This Practice Note covers the law relating to criminal recklessness. It deals with both Cunningham standard recklessness and Caldwell recklessness. It includes the position regarding recklessness and the case of R v G, whether subjective recklessness allows wrongdoers to escape conviction, subjective recklessness and the state of mind of wilfulness, Cunningham recklessness and the malicious state of mind, and recklessness and self-induced intoxication.

This Practice Note explains the approach the courts take on sentencing individuals for breaches of food safety and food hygiene legislation in accordance with the Sentencing Council’s offence-specific guidelines on food safety and food hygiene offences. It explains the nine step approach to sentencing food safety and food hygiene offences which applies to all offences being sentenced by the criminal courts in England and Wales.

This Practice Note explains the approach the courts take on sentencing organisations for breaches of food safety and food hygiene legislation in accordance with the Sentencing Council’s offence-specific guideline on food safety and food hygiene offences. It covers the nine step approach to sentencing food safety and food hygiene offences which applies to all offences being sentenced by the criminal courts in England and Wales.