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PRACTICE NOTES
This Practice Note explains the Lord Chief Justice’s Protocol of 22 March 2005 for the Control and Management of Heavy Fraud and other Complex Criminal Cases (Fraud Protocol) as it applies in heavy fraud and complex criminal cases. It covers the investigation of complex fraud cases as well as the case management process provided for by the Fraud Protocol and explains how disclosure and abuse of process applications are to be dealt with. Fraud Protocol The procedure and management of fraud trials is determined by the Fraud Protocol and the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909. The statutory scheme which determines the management of the pre-trial and trial process for serious and complex fraud cases comprises the Criminal Justice Act 1987 (CJA 1987), the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Procedure and Investigations Act 1996 (CPIA 1996). Guidance on disclosure in such cases can be found in the Attorney General Guidelines on Disclosure. In London, fraud case management is also subject to a Practice Note from Southwark Crown Court
GLOSSARY
Prosecution is the process of instituting and conducting criminal proceedings against a suspect or accused, from charging through trial to sentence. It includes making charging decisions, drafting a charge or indictment, managing the case, fulfilling disclosure duties, presenting evidence, and making submissions on conviction and sentence. The term is descriptive rather than defined in a single statute, but its core meaning is established across UK and Irish criminal practice: the prosecution bears the burden of proving guilt beyond reasonable doubt and owes duties of fairness and disclosure.In England and Wales, prosecutions are usually conducted by the Crown Prosecution Service (CPS); other prosecutors include the Serious Fraud Office, HMRC and local authorities. The CPS applies the evidential and public interest tests in the Code for Crown Prosecutors. Private prosecutions are permitted (Prosecution of Offences Act 1985, s.6), subject to the DPP’s power to take over and discontinue.In Scotland, prosecutions are brought in the name of the Lord Advocate by the Crown Office and Procurator Fiscal Service; private prosecutions are exceptional and require High Court authority (bill of criminal letters).In Northern Ireland, the Public Prosecution Service applies similar evidential and public interest tests. In Ireland, prosecutions are conducted by the Director of Public Prosecutions, with Gardaí prosecuting many summary offences.
PRACTICE NOTES
This Practice Note covers the prosecution’s right under Part 9 of the Criminal Justice Act 2003 (CJA 2003) to appeal against adverse rulings made by the Crown Court in respect of a trial on indictment. Prosecutor’s appeal against adverse rulings CJA 2003, ss 57–74 (Part 9) gives the prosecution a right to appeal against adverse rulings made by a Crown Court judge in relation to a trial on indictment. The appeal lies to the Court of Appeal, and only with leave of the trial judge or the Court of Appeal. Such appeals fall into two broad categories: • the general right of appeal against a Crown Court ruling, and • the right of appeal against evidentiary rulings which significantly weaken the prosecution case—the relevant provisions are not yet in force This Practice Note deals only with the first category of appeals. The prosecution cannot appeal the acquittal of a defendant in the Crown Court. The purpose of the right to appeal against Crown Court rulings is to allow the prosecution an
PRACTICE NOTES
The power to award prosecution costs There are several ways in which a prosecutor may obtain an order covering their costs of bringing a prosecution: Private prosecution costs from central funds The court has the power to order the payment of costs out of central funds for the amount that the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred in any proceedings in respect of an indictable offence, and in any proceedings before a Divisional Court of the King’s Bench Division or the Supreme Court in respect of a summary offence. But this is not applicable where the prosecutor is a public authority therefore it is only available to private prosecutors. Where the court does not specify the amount to be paid, the quantum will be set in accordance with procedures specified in the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335 issued in accordance with section 20 of the Prosecution of Offences Act 1985 (POA 1985). A determining officer in the Senior Courts Costs Office (SCCO) will assess (or tax) the costs,
PRACTICE NOTES
This Practice Note identifies who can be prosecuted under the General Product Safety Regulations 2005, SI 2005/1803, (GPSR 2005). It also sets out the statutory defence of due diligence, the time limits for bringing a prosecution and includes the penalties which can be imposed following conviction for these offences. For information on the obligations imposed on producers and distributors under the GPSR 2005, SI 2005/1803, see Practice Note: General Product Safety Regulations 2005—Offences. For information on the enforcement of the GPSR 2005, SI 2005/1803, see Practice Note: Enforcement of the General Product Safety Regulations 2005. Time limit for bringing prosecutions under the General Product Safety Regulations 2005 The GPSR 2005, SI 2005/1803 require that any prosecution for an offence must be brought within three years from the commission of the offence (ie breach of the general safety requirement etc) or 12 months from the discovery of the offence by the prosecutor, whichever is sooner. For information on the meaning of ‘from discovery of the offence’ and on how
PRACTICE NOTES
Police Scotland and the Crown Office and Procurator Fiscal Service Police Scotland (the Police) is Scotland's national police force, established in April 2013. Police Scotland report directly to the Crown Office and Procurator Fiscal Service (COPFS) which is Scotland's sole public prosecutor tasked with the prosecution of crime in the public interest and the investigation of all sudden or suspicious deaths. See Practice Note: The investigation and prosecution of criminal offences in Scotland. Investigations into health and safety incidents in Scotland Under section 18 of the Health and Safety at Work etc Act 1974 (HSWA 1974), the Health and Safety Executive (HSE) is responsible for making adequate arrangements for the enforcement of health and safety legislation to secure the health, safety and welfare of workers and protecting others, including the public, by fulfilling that duty. See Practice Notes: Health and safety investigations in Scotland and Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974. Specialist investigators, reporting agencies and prosecutors In Scotland,
CHECKLISTS
The Criminal Justice Act 2003 (CJA 2003) introduced an alternative method of starting criminal proceedings in England and Wales. Rather than laying an information before a justice of the peace to obtain a summons to secure the attendance of the defendant, this procedure requires public prosecutors to issue a written charge and serve it on the defendant and the court along with a requisition which requires the person to appear before a magistrates' court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are authorised to commence criminal proceedings using this method. The table below lists those public prosecutors who must now use the written charge and requisition or a single justice notice procedure. Prosecutors authorised under Criminal Justice Act 2003, s 29 Legislation A police force or a person authorised by a police force to institute
NEWS
Family analysis: In Re T (Adoption Hearing: Involvement of Applicants) the Court of Appeal reviewed and updated the guidance on the degree to which applicants for an adoption order should be involved in court hearings to determine whether or not their application should be granted and reviewed the rules regarding requests for a transcript. Natalie Sutherland, partner at Burgess Mee Family Law, considers the issues.
PRACTICE NOTES
The English Devolution and Community Empowerment Act 2026 (EDCEA 2026) received Royal Assent on 29 April 2026. When the relevant provisions of EDCEA 2026 are brought into force, it will no longer be permissible to include any variable rent review mechanism in an affected business tenancy that precludes the possibility of a downward movement in the passing rent when the rent is reviewed. This ban on upwards-only rent reviews has significant implications for leases granted both before and after the anticipated implementation date. Which leases are affected? The operative provisions in relation to the ban on upwards-only rent reviews are contained in new Schedules 7A and 7B that are inserted into the Landlord and Tenant Act 1954 (LTA 1954) by EDCEA 2026, s 100 and Sch 37. Schedule 7A applies to any ‘business tenancy with a rent review’. For these purposes: • a ‘business tenancy’ is: ◦ a tenancy to which LTA 1954, Pt II applies, or ◦ a tenancy to which LTA 1954, Pt II would apply were it not for the fact that the
GLOSSARY
An individual, not yet a member of his employer's pension scheme, who is either entitled to join or will become eligible to join that scheme in the future.
NEWS
Law360, London: On 1 September 2025, the new corporate offence of 'failure to prevent fraud', part of the UK's Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), comes into effect. This provision will hold large organisations accountable if they fail to prevent fraud by employees or agents acting on their behalf, encouraging companies to implement stronger antifraud measures.
GLOSSARY
A document, prepared by the lead manager to an issue containing all the pertinent information about a public offering of securities and about the borrower and guarantor, if any. It is made available to the appropriate legal authorities, stock exchanges and prospective investors. A preliminary prospectus is generally dispatched at the beginning of the subscription period and a final prospectus is dispatched immediately after both the final terms have been fixed and the subscription agreement has been signed by the borrower and the managers.