Criminal procedure and evidence

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the measures for tackling anti-social behaviour ( ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘ Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or...

This Practice Note explains how third-party material can be identified and obtained. It addresses investigators’ obligations under the Criminal Procedure and Investigations Act 1996 ( CPIA 1996) and its Code of Practice to pursue all reasonable lines of enquiry, together with the disclosure responsibilities of Crown servants. It sets out how to seek disclosure directly from a third party and how to apply for a witness summons requiring production of material under the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. The CPIA 1996 governs the prosecution’s disclosure in criminal proceedings, imposing primary, secondary and continuing duties in relation to material that could reasonably be considered to weaken the prosecution case or assist the accused. A parallel duty also exists at common law. For further detail, see Practice Note: Obtaining disclosure of unused evidence. Third party material refers to material held by a...

This Practice Note monitors the advancement of government bills pertinent to corporate crime that have been introduced in the House of Commons or the House of Lords within the UK across 2026 during the parliamentary year. It additionally supplies links to more details on each statute as enacted. For insight into significant secondary legislation, consultations, and other notable developments that might be of interest to corporate crime practitioners in 2026, consult Practice Note: Corporate Crime horizon scanner—2026. His Majesty, King Charles III, outlined the government’s priorities and intended policies for the forthcoming parliamentary session during the State Opening of Parliament on 13 May 2026, emphasising the modernisation of the criminal justice system, boosting court capacity, and enhancing the protection of the public. Core to this are the carried-over Courts Modernisation Bill, formally titled the Courts and Tribunals Bill, and Public Office (...

What is advertising (ad) fraud? Advertising (ad) fraud encompasses deceptive or unlawful activity across the advertising ecosystem, spanning scams served through adverts to technical ruses that overstate ad performance. It also covers scams delivered via adverts and technical schemes devised to inflate metrics such as impressions or clicks. As the Internet Advertising Bureau ( IAB) frames it, this includes the intentional creation of bogus—often non-human—traffic to siphon money from the advertising marketplace. Although it appears in many guises, it is typically characterised by bot-driven interactions, deliberate misrepresentation, or circumstances where adverts have a slim likelihood of being viewed by genuine people. Robust UK-specific figures are scarce; nevertheless, multiple global datasets indicate losses in the billions and rising swiftly. The consequences are felt by consumers as well as organisations operating within the advertising ecosystem. UK regulators have intensified their focus on ad fraud, with fresh...

The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 ( OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property ( IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based...

1 Introduction 1.1 Bribery and corruption persist as significant problems in global commerce, notwithstanding numerous targeted initiatives to deter them. They inflict serious harm on communities where they arise. They: 1.1.1 divert funds and other assets away from those most in need; 1.1.2 impede economic and social progress; 1.1.3 harm enterprise, notably by pushing up the price of goods and services. 1.2 Our statutory duties are chiefly set by the Bribery Act 2010 ( BA 2010). BA 2010 applies to us as a UK organisation if bribery happens anywhere within our operations. 1.3 We conduct our business [ es ] with integrity, and in a frank and principled way. Each of us must act to ensure [ insert organisation’s name ] stays free from bribery or corruption. 1.4 This policy is central to that aim. It is fully endorsed by the [ insert, eg Board ]. It...

Change in control of authorised persons Under Part XII of the Financial Services and Markets Act 2000 ( FSMA 2000), anyone—individuals or corporate entities—seeking to acquire, or increase, control in a UK authorised firm must obtain prior consent from the Financial Conduct Authority ( FCA) or the Prudential Regulation Authority ( PRA). A current controller must also inform the FCA or PRA when reducing or ending control of a firm. SUP 11 of the FCA Handbook, together with the Change in Control Part of the PRA Rulebook, sets out the thresholds and obligations in full. Filings concerning an acquisition or increase of control are known as section 178 notifications and should be lodged with the FCA or the PRA immediately once a decision to acquire or increase control is taken. Consent from the relevant regulator is required before any acquisition or increase in control...

Voluntary attendance at an interview under caution ( PACE 1984) This Practice Note sets out the legal framework for choosing to attend an interview under caution carried out pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984). It also signposts provisions of PACE 1984 and the pertinent PACE Code of Practice, Code C, governing suspect interviews that are inapplicable to volunteers, including the monitoring of detention time limits, how custody records are treated, the care and treatment regime for detained persons, the entitlement not to be kept incommunicado, fingerprints, searches, the drawing of inferences from silence, and the approach to advising a volunteer. For wider guidance on interviews under PACE 1984 generally, see Practice Note: Interview under caution. The Home Office has issued a guidance note tailored to individuals who attend police interviews on a voluntary basis; this must be...

This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C. It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect about their...

Judicial review Judicial review is the process through which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies......

There are two kinds of ‘burden’ in criminal proceedings: the legal burden the evidential burden The legal burden A party carries the legal (also termed ‘the persuasive’) burden when that party bears the responsibility to establish a fact or issue in the case to the requisite standard of proof. Ordinarily, this burden rests with the prosecution (subject to limited exceptions mentioned below). Thus, where a defendant enters a not guilty plea, the prosecution must prove every element of the offence—for example, the defendant’s identity, the character of the act, any required knowledge or intent, and the refutation of any defences raised. That duty also includes proving negative elements of an offence, such as the absence of consent in a rape or assault allegation. It is for the jury or the magistrates to decide whether the burden has been satisfied. Whichever decision‑making tribunal undertakes this task, it must be evident that the correct test has been applied. A failure to do so can furnish a ground of appeal against conviction...

Vacating a guilty plea Setting aside a guilty plea is a nuanced yet crucial remedy available in both the magistrates’ courts and the Crown Court. This Practice Note offers direction to applicants wishing to set aside a guilty plea, outlining the procedural steps and substantive bases needed to justify withdrawing it. It further considers circumstances in which an appellate court may invalidate a plea when hearing an appeal against conviction entered on a plea of guilty. The early guilty plea scheme in England and Wales aims to make the system more efficient by promoting earlier admissions in return for a reduction in sentence (see Practice Note: Credit for guilty plea). Yet, the scheme can at times leave defendants feeling under pressure, or insufficiently advised, when deciding how to plead. Consequently, such influences can prompt some to attempt to retract their plea(s) later on. Both the magistrates’ court and the Crown Court exercise a discretion to allow a change from guilty to not guilty at any point before the case is finally disposed of by the court. Nonetheless, the judiciary have repeatedly stressed that allowing such reversals should remain relatively rare. The courts retain the authority, in law and in practice, to...

Under paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), a defendant may, after being served with the documents containing the evidence underpinning the charge(s) but before arraignment, request the Crown Court—either orally or in writing—to dismiss the charge(s). The application may relate to any or all of the charges in the case. The process is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 3.20. How to make an application to dismiss The defendant must apply in writing no later than 20 business days after service of the prosecution evidence and before they are arraigned. An application can be made to extend the time limit. The application must be served on the Crown Court officer and on every other party to the proceedings...

Evidence of a defendant’s good character in criminal proceedings is admissible and may relate to propensity, credibility, or both: propensity — the defendant is less likely to have committed the charged offence credibility — the defendant is more truthful than a person without such character Procedure for giving good character directions As a lack of convictions does not of itself prove good character, where reliance is placed upon it, it is the responsibility of defence counsel and the defendant to ensure the judge is made aware. If there is any uncertainty, it is good practice for the judge to raise the point with counsel. Any proposed good character direction should be provided to counsel, and counsel for both the prosecution and the defence should be given the chance to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by LexisNexis®)). Who is entitled to a good character direction? The law on good character directions was carefully reassessed by the Court of Appeal in R v Hunter, which concluded that good character directions (since the decisions in R v Vye and R v Aziz had been wrongly...