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This Checklist summarises the principal due diligence issues for conservation areas in Scotland. It clarifies the effect of a property lying within a conservation area designated under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (P(LBCA)(S)A 1997), including tighter planning controls, possible Article 4 directions, and notification duties for works to trees... It outlines the consequences of undertaking demolition without planning permission or conservation area consent, covering enforcement action and criminal liability with no time limit. It also flags how potential breaches are identified and what the due diligence report should address. This forms part of wider guidance on planning in Scotland-see: Planning for property lawyers in Scotland-collection... Conservation areas are parts of localities designated under P(LBCA)(S)A 1997, s 61, as areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. See further: Designation of conservation areas: Stair Memorial Encyclopaedia [315]... What are the implications of the property being in a conservation area? Planning...
Evidence of bad character Identify material relied on. Confirm it falls within CJA 2003 s98; if not, state its relevance. Set out the basis for admission: gateway(s) under ss101–106, reliance on conviction alone or its circumstances, key facts and proof. For unproven conduct or acquittals: outline facts, disputes, and why admission will not cause collateral litigation. Deal with each ground by the relevant gateway (ss102–106). Important explanatory evidence Under s101(1)(c): show that, without it, the tribunal would struggle to understand other evidence, and its value is substantial. Propensity to commit offences/be untruthful Under s101(1)(d): show convictions evidence propensity (same description/category), why that increases likelihood of guilt, and admission is fair. Consider number of convictions, behavioural tendency, similarities (eg modus operandi), gaps, and whether earlier untruthfulness arose (eg disbelieved accounts or false representations). Correct a false impression Under s101(1)(f): show a false impression per s105...
This Checklist should be read alongside Practice Note: Case management in the magistrates’ courts. Prior to getting to court Be aware that some criminal matters are managed through Common Platform (the magistrates’ court’s digital case management system). In such instances, the Initial Details of the Prosecution Case (IDPC) and other case material are served and retrieved online via Common Platform. Case progression—such as completing the Preparation for Effective Trial (PET) form and serving any applications—is also carried out through Common Platform. For further details, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case Defence advocates should obtain the IDPC by contacting the relevant Crown Prosecution Service (CPS) contact through: emailing telephoning writing The contact details are available on the website for the relevant CPS district...
In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Court delays soar as backlogs break records Between April and June 2025, the criminal courts in England and Wales amassed an unprecedented caseload of almost 440,000, with incoming matters exceeding disposals and a system hampered by long-standing funding shortfalls. In response, the Ministry of Justice (MOJ), together with The Rt Hon David Lammy MP, confirmed extra resources to accelerate outcomes for...
In this issue: King’s Speech 2024 Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King’s Speech 2024 King’s Speech 2024—criminal justice and law enforcement His Majesty the King outlined the government’s priorities and intended policies for the forthcoming parliamentary session at the State Opening of Parliament on 17 July 2024. As in November 2023, public safety was central to the address, and the new Prime Minister, Keir Starmer, pledged to clamp down on anti‑social behaviour, reclaim our streets and protect our borders. To achieve this, he set out plans to bolster policing and the criminal justice...
At Southwark Crown Court, Judge Sally-Ann Hales KC jailed 42-year-old Jian Wen for six years and ten months for washing money linked to an alleged scam targeting Chinese investors, remarking indeed the ex-restaurant employee 'knew what [she was] dealing with'. Hales J explained the jury needed only to be satisfied Wen suspected she was handling criminal proceeds to convict with a guilty verdict by the jury. However, she herself was absolutely certain Wen understood how the funds were produced and came about. 'They had only to be sure that you suspected this to be the case', Hales J told Wen as she passed sentence. 'I am in no doubt that you knew this was what you were dealing with.' Hales J said there was 'no degree of exploitation' in Wen's participation in the laundering scheme in this case, although she accepted Wen had been acting on directions from the alleged fraudster. Wen was sentenced for a single count of money laundering...
The Pensions Regulator (the Regulator) The Regulator is an arm’s-length public body set up under the Pensions Act 2004 (PeA 2004). Its authority to impose contribution notices and financial support directions appears in PeA 2004, ss 38–50. Although the Act does not use the label, these provisions are widely known as the Regulator’s ‘moral hazard’ powers. Their purpose is to counter the ‘moral hazard’ arising from the Pension Protection Fund (PPF): the possibility that corporate groups might organise their structures so as to heighten exposure within their pension schemes, comfortable that the PPF would intervene if the employer entered insolvency. The principal moral hazard tools—and the only ones exercised so far—are the power to issue a contribution notice (CN) and the power to issue a financial support direction (FSD). A CN compels the recipient to pay a specified amount into a defined benefit occupational pension scheme. A CN can be issued where the criteria in PeA 2004, s 38 are satisfied. These mechanisms exist to deter behaviour that would...
This Practice Note sets out when the court may issue directions about the proper treatment and questioning of a witness or defendant at a ground rules hearing, explains the procedural framework for such hearings, and outlines the directions that might be made in a particular case. Those directions form part of a wider suite of special measures intended to support the effective participation of a vulnerable witness or defendant in criminal proceedings, where necessary and proportionate. For detail on other special measures available in criminal cases, see Practice Notes: Special measures and Special measures for the accused. The procedural scheme for a ground rules hearing appears in Part 3 of the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, with further guidance in Part 6 of the Criminal Practice Directions 2023 (CPD 2023). Additional guidance is available in the Crown Court Compendium Part I and the Equal Treatment Bench Book. Duty to facilitate participation When preparing for trial, the court must take all reasonable steps to enable the...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...
At the Family Court held at [ Court name ] Case No: [ Case number ] Non-Molestation Order The Family Law Act 1996 Full name(s) of the child(ren)Boy or girlDate(s) of birth [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] Before [ name of judge ], in private, on [ date ] at a [ type of hearing ] Important notice to the respondent, [ RESPONDENT NAME ] of [ RESPONDENT address ] You are required to comply with this order. Please read it thoroughly. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre or the Citizens Advice Bureau. You have the right to ask the court to vary or discharge this order. Warning: without reasonable excuse, doing anything this order prohibits amounts to a criminal offence; on conviction you may be liable to imprisonment for a...