The following Corporate Crime practice note Produced in partnership with David McNeill of 5 St Andrew's Hill provides comprehensive and up to date legal information covering:
STOP PRESS: The revised editions of the Attorney General's Guidelines on Disclosure and the Criminal Proceedings and Investigations Act 1996 (CPIA 1996) Code of Practice are now in force and this Practice Note is in the process of being updated to reflect this development. The Attorney General's Guidelines on Disclosure 2020 can be accessed here and the CPIA 1996 Code of Practice 2020 can be accessed here.
The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal proceedings. For information on prosecution disclosure obligations in the Crown Court, see Practice Note: The service of prosecution evidence.
CPIA 1996, s 6C requires the accused in a criminal case to give the prosecutor and the court a notice indicating whether the accused intends to call any witnesses at trial and giving the name, address and date of birth of those witnesses. This obligation previously existed in relation to a witness giving evidence in support of an alibi pursuant to CPIA 1996, s 6A(2).
Regulation 2 of the CPIA 1996 (Defence Disclosure Time Limits) Regulations 2011 (DDTLR 2011), SI 2011/209 extended the time within which to serve a defence case statement and defence witness notice in Crown Court proceedings from 14 days to 28 days after the prosecution complies or purports to comply with CPIA 1996,
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
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. For guidance, see Practice Note: Coronavirus
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
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