The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which took effect on 3 April 2017. The Criminal Procedure Rules 2015, SI 2015/1490 have subsequently been amended on numerous occasions. See Practice Note: The Criminal Procedure Rules.
This Practice Note states the law as at 3 April 2017 and is not maintained. It is for background information only.
The Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, have been updated by amending statutory instruments, Criminal Procedure (Amendment ) Rules 2017, SI 2017/144 and the Criminal Procedure (Amendment No 2) Rules 2017, SI 2017/282. These changes took effect on 3 April 2017.
This Practice Note highlights the key additions and amendments to the CrimPR. For further information, see News Analysis: All change for the Criminal Procedure Rules?
Under CrimPR, Part 8, prosecutors at the first hearing must provide both the defence and the court with sufficient information to enable them to assess the prosecution case against the defendant and to enable them to decide how to proceed. This is known as initial disclosure. See Practice Note: Disclosure in the magistrates’ court and Disclosure time limits in criminal proceedings—checklist.
As many defence practitioners have experienced, in some cases this initial disclosure is often provided late or is insufficient, which in turn impacts the
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The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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