Bail meaning

Introduce yourself to the officer and ensure you make a note of their name and rank. Set out for the officer the consultation’s purpose and your expectations clearly. Make sure these points are addressed during the consultation: Review the officer’s case account, whether given orally or in writing. If arrested, verify why and how the client was detained, especially noting the place and time at which arrest occurred...

Introduction High yield bonds sit within securities regulation and, save for a few narrow carve-outs, are subject to New York law irrespective of the issuer’s domicile. They are brought to market under an indenture, which also provides for the appointment of a trustee to act for the bondholders. For further detail on the high yield product, see Practice Notes: Introductory guide to high yield bonds and High yield debt in 11 jurisdictions worldwide. For a snapshot of the principal deal papers needed for a high yield issuance, see Checklist: Issuing high yield bonds-documents list. Beyond setting out the issuer’s key covenants, the indenture includes provisions required to administer the bonds and to enable the bond trustee to discharge its duties. The trustee’s core role is to handle administrative matters for bondholders before any default and, where appropriate, to pursue enforcement on their behalf. For commentary on material terms and covenants in high yield, see: Introductory guide to high yield bonds-High yield bond terms and Practice Note: Covenants and other...

Northumbrian Water Ltd, R v Water Services Regulation Authority [2024] EWCA Civ 842 Background to the decision As set out in the News Analysis: Northumbrian Water—No duty of prescription under the common law? (R (on the application of Northumbrian Water Ltd) v Water Services Regulation Authority), the decision confirms that where a public authority enjoys a discretionary power, it is under no requirement to publish a policy explaining the manner in which that discretion will be exercised. Accordingly, any general requirement to codify how such powers are to be applied was rejected. This conclusion displaces the stance adopted in ZLL v Secretary of State for Housing, Communities and Local Government [2022] EWHC 85 (Admin) or, more precisely, treats the dictum on a ‘duty of prescription’ as obiter. While the implications of that point are examined in the article referenced, a few preliminary observations may assist what follows. First, the main source of support for recognising any such duty has been the Supreme Court decision in Lumba v SSHD...

Financial services developments Motor finance complaints: FCA provides information for firms with one or more SMF The FCA has refreshed its webpage giving guidance to firms on motor finance complaints, adding details for organisations with one or more senior management function (SMF). Each firm must appoint an SMF (or an equivalent where no SMF exists) with end-to-end responsibility for overseeing the delivery forecast and ensuring the scheme is complied with. In some cases, a firm may need to appoint more than one SMF, for example where separate divisions operate different systems and teams. Where firms plan to have more than one SMF supervising the scheme, they must: submit the most senior SMF’s details into RegData as required under CONRED 5.9.3R (2) & 6.9.3R (2) email the name and contact details of the additional senior manager responsible for oversight and overall delivery of the scheme, including your reasoning for an additional SMF, to MotorFinanceSupervision@fca.org.uk Source: Information for firms on motor finance...

In this issue: Key developments UK immigration control: how it works Sponsored work Family routes Long residence, discretion and human rights Challenging immigration decisions and enforcement LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Our Immigration calendar highlights forthcoming milestones of note for business immigration advisers. UK immigration control: how it works Opora launches Ukrainian language information on the Ukraine Permission Extension Scheme Opora has released a Ukrainian-language guide to applying for the Ukraine Permission Extension Scheme (UPES), featuring a step-by-step video and a simple 28‑day checker so applicants can see if they are applying too soon. The UPES opened on 4 February 2025. See: LNB News 05/02/2025 19. Home Office introduces new counter-terror powers to combat people smuggling The Home Office has introduced the Border Security, Asylum and Immigration Bill in Parliament, conferring counter-terror style powers on law...

This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...

A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the client’s position and ensures the court has the information required for the case to move forward smoothly. For further guidance on the stages of criminal proceedings,...

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...

Unfair dismissal—conduct and procedure Where an employee pursues an unfair dismissal claim, the onus lies with the employer to demonstrate a fair reason for ending employment. Conduct is one of the potentially fair grounds, but a fair process must also be observed. Ultimately, it needs to be established that dismissal is an appropriate and fair sanction. The Acas Code of Practice on Disciplinary and Grievance Procedures imposes duties on both employers and employees to follow its provisions, with possible sanctions for non-compliance. It describes the standard of reasonable behaviour expected in most situations. For further guidance, see the following Practice Notes: Dismissing fairly for conduct reasons Reason for dismissal—conduct Reason for dismissal—general, in particular section: Potentially fair reasons Acas disciplinary and grievance code—procedural requirements Under the Acas Code of Practice, certain actions—labelled gross misconduct—are so serious in themselves, or carry such serious consequences, that they may justify dismissal without notice even for a first offence. However, a fair disciplinary...