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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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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...
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...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
All criminal cases begin in the magistrates' court regardless of the seriousness of the offence. In England and Wales, criminal proceedings may start in several ways: the police may arrest and charge a suspect and bring them before a magistrates’ court the prosecution may apply to the magistrates’ court for a summons (by laying an information), requiring the defendant to attend at a specified date and time a relevant prosecutor can issue a written charge with a requisition directing the defendant to appear at a stated date and time a relevant prosecutor may issue a written charge with a single justice procedure notice, requiring the defendant to indicate a plea and, if guilty, agree to disposal on the papers under the single justice procedure This Practice Note sets out the process for commencing a criminal prosecution by written charge and...
What is bad character? The Criminal Justice Act 2003 ( CJA 2003) regulates when a defendant’s ‘bad character’ may be admitted. The initial step is to assess whether the material the prosecution seeks to use falls within the definition of ‘bad character’ in CJA 2003, s 98. Section 98 adopts a notably wide definition: it covers ‘evidence of, or a disposition towards, misconduct’ or other ‘reprehensible behaviour’, excluding evidence which: concerns the alleged facts of the offence with which the defendant is charged, or relates to misconduct connected to the investigation or prosecution of that offence The distinction between bad character material and evidence bearing on the alleged facts of the charge can be subtle. A link may be shown by demonstrating a connection in time; a temporal nexus. Bad character therefore encompasses prior convictions and cautions. It has also been held to include...
For thorough guidance on dangerous driving where a death occurs, see Practice Note: Death by dangerous driving. The offence of dangerous driving, contrary to section 2 of the Road Traffic Act 1988 ( RTA 1988), can be tried in the Crown Court or in the magistrates’ court. Elements of the dangerous driving offence To be guilty of the offence, a person must satisfy the following: drive a mechanically propelled vehicle on a road or another public place in a dangerous manner Causing injury by dangerous driving RTA 1988, s 1A, outlaws the offence of causing serious injury by dangerous driving. It is an either way offence. Its ingredients mirror those for dangerous driving, with the further requirement that the driving results in serious injury. Serious injury means physical harm amounting to grievous bodily harm for the purposes of the Offences Against the Person Act...
Practitioners need to be mindful of the procedural steps when contesting sentences in health and safety prosecutions, whether before the Crown Court or the Court of Appeal ( Criminal Division). The Court of Appeal has reviewed a range of health and safety sentences and has provided guidance to practitioners on several points, notably the correct approach to sentencing very large companies, public organisations, companies with small operating profits, and the treatment of prosecution costs incurred. Appeal from the magistrates’ court to the Crown Court Section 108 of the Magistrates Courts Act 1980 ( MCA 1980) grants a defendant the right to appeal against conviction, against sentence, or against both the conviction and the sentence imposed by the magistrates’ court. The process for lodging an appeal is set out in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Part 34. See Practice Notes:...
This Practice Note examines the offences of controlling or coercive behaviour under section 76 of the Serious Crime Act 2015 ( SCA 2015) and causing or allowing a child or vulnerable adult to die or suffer serious physical harm under section 5 of the Domestic Violence, Crime and Victims Act 2004 ( DVCVA 2004). For information on domestic abuse, see: Domestic abuse—overview. Controlling or coercive behaviour offence under the Serious Crime Act 2015 Under SCA 2015, s 76, controlling or coercive behaviour within an intimate or family relationship is a criminal offence where the conduct has a serious effect on the victim. The offence was introduced to address a perceived gap in the law regarding patterns of controlling or coercive behaviour that may occur during a relationship between intimate partners, former partners who remain living together, or family members, where isolated incidents would not, on their own,...
The interests of justice test The sole criterion for permitting an appeal against conviction is whether the conviction is unsafe. The identical standard applies where the proposed grounds rely on fresh evidence that was not placed before the court at trial. Under section 23 of the Criminal Appeal Act 1968 ( CAA 1968), the Court of Appeal may admit fresh evidence if it is considered necessary or expedient in the interests of justice. This jurisdiction covers appeals against conviction, appeals against sentence, and references to the Court of Appeal made by the Home Secretary. The same powers extend to hearings determining applications for leave to appeal, as well as to the appeal proper, or to an appeal challenging the findings of a Newton hearing. CAA 1968, s 23 operates only where a right of appeal exists under CAA 1968, s 1. Once the Court of Appeal has...
Careless or inconsiderate driving If someone drives a car carelessly on a road or in a public place, or acts without regard for other users of that road or place, they may commit the offence of careless or inconsiderate driving under section 3 of the Road Traffic Act 1988 ( RTA 1988). Under RTA 1988, s 3, the offence is triable summarily only. Elements of the offence of careless driving To be convicted, it must be shown that a person: drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration, for other persons using the road or public place Drive Although the RTA 1988 does not define driving, the courts have ruled that driving is a physical act that only an individual can perform. The Divisional Court has determined that the...
Practice Note This Practice Note outlines the principal environmental offences in Scotland across water, pollution, waste, public health and conservation. For each offence, it sets out any available statutory defences and the maximum penalties that may apply. For more detailed guidance on the types of sentences available for environmental offences, and on the approach taken by the Scottish courts when sentencing such cases, see Practice Note: Sentencing environmental offences in Scotland. The Environmental Authorisations ( Scotland) Amendment Regulations 2025, SSI 2025/165, commenced generally on 1 November 2025, with certain provisions beginning on 1 June 2025. That instrument repealed the Water Environment ( Controlled Activities) ( Scotland) Regulations 2011, SSI 2011/209, and the Pollution Prevention and Control ( Scotland) Regulations 2012, SSI 2012/360. Offences previously contained in those regimes are now consolidated within the Environmental Authorisations ( Scotland) Regulations 2018 ( EASR 2018), SSI...
This Practice Note summarises General Licences issued by the Office of Financial Sanctions Implementation ( OFSI) under the UK financial sanctions framework. It does not extend to General Trade Licences from the Department for Business and Trade ( DBT). HM Treasury may change, withdraw or suspend any General Licence at short notice; always consult the licence itself before acting. See Practice Note: Sanctions-legal services general licences for an overview of General Licence INT/2025/6160920 on legal services. Full details of OFSI General Licences can be found here. For guidance on specific financial sanctions licences and exemptions, see Practice Note: Licences and exemptions in financial sanctions. For practical steps on applying for an OFSI licence, see Practice Note: How to apply for an OFSI licence and Applying for an OFSI...
ARCHIVED: This archived Practice Note summarises what employers should weigh up when running workplaces through the coronavirus ( COVID-19) pandemic, aligned with the government’s Living with COVID-19 approach and the shifts from 1 April 2022. It covers self-isolation for those testing positive, displaying symptoms or identified as close contacts, along with testing, contact tracing, self-isolation support payments, statutory sick pay ( SSP), duties on staff and employers, and considerations for at-risk groups. On 21 February 2022, the Cabinet Office set out the COVID-19 Response: Living with COVID-19, detailing the plan to lift the remaining domestic legal restrictions in England from 24 February 2022. Additional revisions applied from 1 April 2022, notably the end of free universal testing, updated advice on self-isolation for people with COVID-19, and the replacement of BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For...
The legal basis for an abuse of process application in the context of private prosecutions The principles governing a stay for abuse of process apply to private prosecutions just as they do to public ones (see D Ltd v A). The court exercises its inherent power to halt proceedings for abuse only in rare, exceptional situations (see Practice Note: End of criminal proceedings-an introduction to the possible means of disposal- Stay for abuse of process ( Crown Court and magistrates’ court)). An abuse application may proceed on two distinct limbs: it has become impossible for the defendant to receive a fair trial because of something that has occurred, or it would be unjust for the defendant to be tried, or allowing the prosecution to continue would affront the court’s sense of justice The first limb is directed at what happens within the trial itself; the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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