It is an offence for a person to possess, or have under their control, any article for use in the course of or in connection with fraud under section 6 of the Fraud Act 2006 (FrA 2006). The elements of the offence are that the defendant: • had in their possession or had in their control • an article • for use in the course of or in connection with any fraud ‘Fraud’ for the purposes of FrA 2006, s 6 includes fraud by false representation, fraud by failing to disclose information and fraud by abuse of position under FrA 2006, ss 2–4. See Practice Notes: Fraud by false representation and Fraud by failure to disclose and abuse of position. The Explanatory Notes to FrA 2006 set out that the wording of this offence draws on the offence of 'going equipped' in section 25 of the Theft Act 1968 and is essentially an extension of that offence. However, the offence under FrA 2006, s 6 is wider as it can

Possession in a construction context refers to having responsibility for/bearing the risk in the works. The contractor will usually have exclusive possession whilst it is carrying out the works—then at completion'>practical completion the employer takes back possession (and therefore takes on responsibility for insurance).

In English law, possession is treated not merely as a physical condition protected by ownership, but also as a legal right in itself. The presumption of law is that the person who has de facto possession also has the property, and accordingly such possession is protected, whatever its origin, against all who cannot prove a superior title.

When the bankrupt's estate vests in the trustee in bankruptcy (trustee) immediately following the trustee's appointment, the bankrupt's property (including their place of residence) will usually be the most valuable asset in the bankruptcy estate. When appointed, the trustee's main aim will be to secure and realise the value of the bankrupt's interest in any property for the benefit of the bankruptcy creditors. Achieving this will involve several challenges which, depending on the specific circumstances of the case, could include: • ascertaining whether the bankrupt has an interest in the property, or has disposed of any interest in the property • ascertaining whether any other parties (including the bankrupt's spouse or civil partner) have an interest in the property • ascertaining the extent of each party's respective interest • ascertaining whether any adjustments may need to be made out of the net sale proceeds • establishing whether it is appropriate to apply to court and, if so, the timing of any application • dealing with any other issues

The offence of possession of a bladed article It is an offence under section 139 of the Criminal Justice Act 1988 (CJA 1988) for any person to have in their possession in public a bladed article to which the section applies. The offence can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it appears that its powers of sentencing are insufficient. See: Sentencing for possession of a bladed article in public below. Elements of the offence An offence under CJA 1988, s 139 will be committed if the accused: • had with them • in a public place • a bladed article, or • a sharply pointed article Bladed and sharply pointed articles The provisions of CJA 1988, s 139 apply to articles with a blade or articles that are sharply pointed, other than a folding pocket knife. However, a folding pocket knife will fall within the provisions if its blade exceeds three inches. It

The offence of possession of an offensive weapon in a public place It is an offence under section 1 of the Prevention of Crime Act 1953 (PCA 1953) to carry in public an offensive weapon without lawful authority or reasonable excuse. This can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it appears that its powers of sentencing are insufficient. Elements of the offence In order to be convicted for an offence under PCA 1953, s 1, the prosecution must prove that the accused: • has with them • in a public place • an offensive weapon • without lawful authority or reasonable excuse Has with them The prosecution must prove that the accused had possession of the item. However, the words 'has with them' mean more than mere possession or control of an item. The courts have held that the words mean 'knowingly has with them'. This means the prosecution must prove that the accused

Elements of the offence of possession of controlled drugs It is an offence for a person to have a controlled drug in their possession. The prosecution has to prove, to the criminal standard (see Practice Note: Burden and standard of proof in criminal proceedings), that: • the substance in question is a controlled drug • it was in the defendant’s custody or control, and • the defendant knew, or could have reasonably known, of the existence of the drug. See R v Lewis (1988) 87 Cr App Rep 270 (not reported by LexisNexis®) Possession of a controlled drug is an offence that is triable either way, in either the magistrates’ court or the Crown Court. Possession The Misuse of Drugs Act 1971 (MDA 1971), s 37(3) expands the meaning of possession to include items that are in the custody of another but are subject to the defendant’s control. Therefore, in order to establish possession the prosecution must prove that the drug was either in the custody of the defendant or under their control. The prosecution

Offence of possession of an indecent photograph of a child It is an offence under section 160 of the Criminal Justice Act 1988 (CJA 1988) for a person to have any indecent photograph or pseudo-photograph of a child in their possession. The offence is an either way offence. The extra-territorial jurisdiction provisions under SOA 2003, s 72 apply to this offence. For further information, see Practice Note: Rape—Territorial jurisdiction. Indecent There is no definition of ‘indecent’. It is for the jury to ‘consider the question of indecency by reference to recognised standards of propriety, an objective test, rather than applying their wholly subjective views to the matter’. A child A child is a person who was under the age of 18 at the material time. Expert evidence regarding the age of a child is inadmissible as the jury are well placed to assess the age of a child. It is a finding of fact for the jury to determine. Photograph or pseudo-photograph Photograph

Restructuring & Insolvency analysis: This case concerned an application seeking to vary a decision of the Court of Appeal to grant a stay of execution of a possession order in respect of a residential property which had been made as a consequence of permission to appeal being granted (and pending the substantive appeal to follow at a later date). The application had been made by joint administrators of a company as respondents to the appeal. Written by Stephen Alexander, partner and advocate, and Nicole de Sousa, associate, at Mourant Ozannes (Jersey) LLP.

A contractual term used to identify the temporary ownership, rights and responsibilities of the area in which the works are being constructed

This Practice Note explains how to bring a possession claim when a lease or licence has ended, whether residential or commercial. It covers Part 55 of the Civil Procedure Rules (CPR 55), how to prepare the claim, and practical guidance for the hearing. For guidance in other situations where possession proceedings may be required, see Practice Notes: • Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position • Forfeiture of a lease • Trespassers—possession proceedings • LTA 1954 business lease renewal—proceedings • Mortgage possession claims Entitlement to possession A tenant will lose the right to remain in occupation of a property after the expiry of the contractual term in a number of situations, including: • the lease is commercial and is contracted out of the security of tenure provisions of LTA 1954, or for some reason security of tenure is lost (see Practice Note: LTA 1954 business lease renewal—termination) • the lease is residential but falls outside the criteria for security of tenure (see Practice Note: A summary of types of private residential tenancies) If

A claim for possession by way of service of a section 8 notice entitles a landlord to obtain possession of residential premises where there has been a breach of one of the grounds set out in Schedule 1, Part I to the Housing Act 1988. Such a claim can be brought even within the fixed period of a tenancy, unlike proceedings by way of the section 21 notice. It is necessary for the landlord to prove that they are entitled to bring proceedings, that the notice is in proper form