This Practice Note explains the six 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 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 2020 (CrimPR).
This Practice Note covers appealing the refusal or appealing the granting of bail. It deals with applications to the Crown Court, the procedure for making applications to the Crown Court under the Criminal Procedure Rules, appeals to the High Court, and the procedure for making applications to the High Court under the Rules of the Supreme Court, appealing against the imposition of bail conditions, prosecution appeals to the granting of bail, and the procedure for the prosecution exercising its right of appeal.
The Civil Contingencies Act 2004 (CCA 2004) provides the primary framework for dealing with large-scale emergencies under UK law. This Practice Note covers the definition of emergency, interaction with human rights and the royal prerogative, use of the powers versus existing legislation, limitations on the power and process for making regulations.
This Practice Note covers applications to the Crown Court for bail under section 81 of the Senior Courts Act 1981 (SCA 1981). It deals with the circumstances where a defendant can apply to the Crown Court for bail, the principles governing bail, applications for bail in murder cases, the procedure for Crown Court bail applications, sureties in the Crown Court and repeat applications for bail.
This Practice Note deals with failure to surrender, absconding and breach of bail conditions under the Bail Act 1976 (BA 1976). It also covers bench warrants, the procedure for dealing with failing to surrender, absconding and breach of bail conditions and the court’s approach to determining breach of bail conditions.
This Practice Note provides guidance on the definition of waste. In particular it focuses on how interpretation will affect the definition of waste, including what key terms are relevant, how to interpret ‘discard’, looking at deliberate and accidental discard, as well as the intention to discard. The Practice Note also provides information on when there may be a requirement to discard and the effect of transfer to another person. There is also reference to the definition of waste service.
This Practice Note provides guidance on the meaning of waste and disposal operations. It provides details on how disposal is one of the key waste management elements of the Waste Framework Directive 2008/98/EC (WFD) and implementing regulations. This Practice Note also covers the list of non-exhaustive disposal operations covered in the WFD and covers key principles and case law.
This Practice Note provides practical guidance on the end-of-waste status. It refers to the Waste Framework Directive 2008/98/EC (WFD) and implementing and retained regulations in England and Wales, setting out end-of-waste criteria, principles and conditions, including specific criteria for certain waste types. It also refers to quality protocols (QPs), self-assessments and end-of-waste submissions to the regulators. The Practice Note includes references to relevant case law and covers recovery operations and their effect on the end-of-waste status.
This Practice Note provides details on the meaning of waste, in particular products and by-products. It provides guidance on the differences between waste and by-products, focussing on production residues, products, by-products, certainty of use, extractive industries, with or without further processing, whether an action is integral to the production process, lawful use and the decision process.
This Practice Note covers the definition of recovery operations and the list of waste recovery operations under the revised Waste Framework Directive 2008/98/EC (WFD). It also covers EU and UK case law on the interpretation of ‘recovery operations’ and the meaning of ‘recycling’. It is part of a series of notes on the meaning of waste. This Practice Note also links to related Brexit content.
This Practice Note covers the waste hierarchy, related policies and legislation, and the circumstances that allow departure from the hierarchy. It is part of a series of notes on the meaning of waste. This Practice Note also links to related Brexit content.
This Practice Note provides guidance on waste indicators when assessing the meaning of waste. It focuses on positive waste indicators providing information on production residues, negative economic value, what is commonly regarded as waste, common methods of recovery or disposal, use of the material, perception of the holder, limits on the quantity produced and contamination. Other relevant factors are also considered such as economic value or re-utilisation, the list of wastes, characteristics of the substance or object, impact on the environment and place of storage.
This Practice Note outlines the meaning of waste by referring to the Waste Framework Directive 2008/98/EC as implemented by the Waste (England and Wales) Regulations 2011, SI 2011/988 and other relevant legislation. The Practice Note highlights key issues surrounding interpretation of case law and provides details on relevant guidance for defining waste. It also provides a series of helpful questions to work through when ascertaining if an item is waste.
This Practice Note explains the conditions of bail that are commonly imposed by a court to prevent a defendant from absconding or committing further offences. The note explains the differences between a surety and security under the Bail Act 1976 and examines the consequences for a surety if a defendant absconds. The note also deals with making sureties continuous.
This Practice Note examines the combined effect of key terrorism legislation, explaining the powers conferred on the government to protect the UK from terrorism and the interaction with criminal law and human rights.
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