The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
All criminal cases begin in the magistrates' court regardless of the seriousness of the offence. There are, however, a number of ways of commencing criminal proceedings in England and Wales:
the defendant may be arrested and charged by the police and brought before a magistrates’ court
the prosecution can apply to the magistrates’ court for the issue of a summons (also called ‘laying an information’) requiring the defendant to attend court on a specified date and time
a relevant prosecutor may issue a written charge together with a requisition requiring the defendant to attend court on a specified date and time
a relevant prosecutor may issue a written charge together with a single justice procedure notice requiring the defendant to indicate a plea and if guilty, consent to the disposal of the case by use of the single justice procedure on the papers
This Practice Note explains the procedure which must be followed to commence a criminal prosecution by way of written charge and requisition or single justice procedure notice under section 29 of the Criminal Justice Act 2003 (CJA 2003). This provision enables a relevant prosecutor to issue a written charge alleging that a person or organisation has committed an offence and, at the same time, must issue either a requisition notice requiring the attendance of the defendant at court or a single justice
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
The offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will normally be dealt with in the Crown Court. However, there may be cases involving minor violence or threats of violence leading to no or minor injury, with few people
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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