This Practice Note explains the disclosure requirements on defendants in criminal proceedings. It explains when a defence case statement must be served under section 5 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the requirement on the accused to give the prosecution and the court a defence witness notice. The Practice Note also explains the form and content requirements of a defence case statement under the CPIA 1996, s 5 and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) as well as the time limits for serving defence disclosure during a criminal prosecution. The contents of a defence witness notice are explained along with the sanctions for non-compliance with the statutory duty of disclosure and the adverse inferences which can be drawn for failure to serve a defence case statement are explains. Links to the Law Society practice note: Defence witness notices and the Bar Standards Board: Preparation of Defence Case Statements guidance are also provided.
This Practice Note explains the provisions under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), governing the recovery of personal property in summary proceedings (also known as the detention and forfeiture of listed assets). It covers related powers of search and seizure under the Police and Criminal Evidence Act 1984 (PACE 1984) and POCA 2002, including civil recovery powers; the definition of recoverable property and unlawful conduct for the purposes of these provisions; the powers and procedure applicable under the recovery of listed assets regime, including search powers and conditions for their exercise, seizure powers, and detention and forfeiture powers; together with appeals and what to do with associated or joint property. Finally there is a section on procedure, which has been introduced under the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017, SI 2017/1293.
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