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PRACTICE NOTES
This Practice Note provides guidance on when parties, the public or media may request access to information held on file by the criminal courts in England and Wales in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 and the Criminal Practice Directions. It explains the type of information that can be accessed by a non-party or a party affected by the case and also explains when the court’s permission is required, any conditions to be satisfied to gain access, the process and requirements for making an application seeking access to information held by the criminal courts as well as explaining when a party to a prosecution can object to the disclosure of information held on in court records. It also explains the position in relation to the provision of information by the criminal courts with the media and court reporters. The rules contained in CrimPR 2025, SI 2025/909, rr 5.7–5.12 enable the court to release information held on court records about the cases being heard in the criminal courts
NEWS
The Justice Committee, chaired by Labour MP, Andy Slaughter, has launched a formal inquiry into access to justice in England and Wales. This inquiry will evaluate the current condition of the legal services and representation market and will consider how operational pressures and market dynamics influence an individual’s ability to obtain legal support.
PRACTICE NOTES
How are works completed if access to neighbouring land is necessary? Does a landowner have a right to enter adjacent land or the garden next door if essential works cannot be carried out without accessing that adjoining property? This Practice Note covers when there is a right of entry at common law, the Access to Neighbouring Land Act 1992, access orders, enforcement and third parties. It can be impracticable to carry out works of repair or improvement to land without going onto another person's land (eg where the building line is very close to the boundary). At common law there is no right of entry without: • an easement over the neighbouring land, or • consent of the adjoining owner Unauthorised entry is a trespass and can be restrained by injunction, even where the person needing to enter the neighbouring land is required by a local authority to carry out works to a dangerous building. For more information in respect of trespass, see Practice Note: Trespass—claims and defences. Access to Neighbouring Land Act 1992 The
GLOSSARY
Information that is normally reasonably accessible. Whether information is accessible is open to interpretation.
PRACTICE NOTES
Introduction It is important that personal injury and clinical negligence practitioners are fully aware of all potential medical issues relating to the claim. The medical records should be obtained so that the appointed medical expert can review all the available evidence in relation to the medical injury when preparing his or her medical report. The medical records will assist the expert to confirm the diagnosis of the injury sustained in the accident, detail the treatment received and any noted recovery. The medical expert will be able to take note and consider any relevant pre-accident medical history and the records will assist the expert in forming his or her opinion and prognosis when preparing the report. What is in the medical records? The medical records consist of notes, letters, charts, x-rays, results of tests and correspondence regarding any treatment that a person has received during his or her lifetime. The GP will hold a patient’s medical records. If a patient is not currently registered under the care of a GP, then Primary Care Support
GLOSSARY
Accession of new Member States to the European Union is subject to the fulfilment of certain geographical, political, economic, legal, and administrative criteria.
GLOSSARY
An accessory after the fact is a person who, knowing that another has committed an offence, intentionally assists them to evade arrest, prosecution or punishment. It focuses on conduct after the completed offence, such as hiding an offender, disposing of evidence, providing false alibis or helping someone flee the jurisdiction.In England and Wales and Northern Ireland, the concept derives from common law but is now largely reflected in statutory offences such as assisting an offender (e.g. Serious Crime Act 2007; Criminal Law Act (Northern Ireland) 1967). In Ireland, similar liability arises under common law and various statutory offences dealing with impeding apprehension or prosecution. Scots law does not typically use the label “accessory after the fact” but criminalises comparable conduct as attempting to pervert the course of justice, reset, or other separate offences.Key legal issues include the required mental element (knowledge or belief that a serious offence has been committed and intention to assist), the seriousness of the underlying offence, and whether familial or other limited exemptions apply. The term is widely used in criminal practice, charging decisions and advisory work on exposure for those who help offenders post-crime.
GLOSSARY
An accessory before the fact is a person who intentionally assists, encourages or counsels another to commit a crime, but is not physically present when the offence is carried out. In practice, this covers conduct such as planning, providing information, supplying tools or weapons, or otherwise facilitating the principal offender’s actions in advance.In England and Wales and Northern Ireland, the concept is now largely absorbed into statutory provisions on secondary liability, principally under the Accessories and Abettors Act 1861 and related case law on aiding, abetting, counselling or procuring. The older expression “accessory before the fact” still appears in judgments and commentary, but modern indictments usually rely on general secondary participation language.In Scotland, the equivalent idea is addressed through the law of “art and part” liability, which similarly criminalises those who participate by prior assistance or encouragement, even if absent at the scene.In Ireland, the term continues to be used alongside statutory provisions and common law on secondary parties. Across all four jurisdictions, an accessory before the fact is generally punishable as if they were a principal offender, reflecting the seriousness of prior criminal involvement.
GLOSSARY
A sudden, unforeseen or unexpected event causing harm to a person.
GLOSSARY
Accident insurance is a contract to pay a sum of money in the event of the insured sustaining accidental injury as defined in the insurance policy.
PRACTICE NOTES
Originally produced in partnership with Sue Brown. Updated in partnership with Andrew Wilson. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. For more information, see Practice Note: Assimilated law. This Practice Note refers to UK Rome II, Regulation (EC) 864/2007. This regulation is applied when determining applicable law in cases in which the harmful event constituting a tort occurred on or after 1 January 2021. Originally known as Retained Rome II, since 1 January 2024 it is known as Assimilated Rome II—the change is to the name only and not the provisions within the regulation. Case law may refer to the regulation using either name. For ease of reference, the regulation is referred to as UK Rome II in this Practice Note. This Practice Note
PRACTICE NOTES
The Conventions There are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or arising out of, international carriage by air. The purpose of these Conventions is to harmonise the law on these issues. Warsaw Convention The first of these Conventions was the Warsaw Convention, signed in 1929 and effective from 1933. The Convention was then amended at the Hague in 1955 by adoption of the Hague Protocol and from then on was known as the Warsaw Convention as amended at the Hague in 1955. The Convention applied only between signatory nations. If one of the parties was a signatory to the Warsaw Convention, while the other was a party to the Hague Protocol only, there would be no mutual ground for international litigation. Montreal Convention The Warsaw Convention was then replaced by the Montreal Convention which was signed in 1999 and came into force in 2003. Pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002, SI 2002/263, which