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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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ARCHIVED: This Practice Note is archived and is not being updated or maintained. Repeal and transitional provisions Sexual Offences Prevention Orders ( SOPOs) have now been superseded by (a) sexual harm prevention orders ( SHPOs) and (b) sexual risk orders ( SROs). This follows the repeal of sections 104 to 129 of the Sexual Offences Act 2003 ( SOA 2003) by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). See the Practice Notes: Sexual harm prevention orders and Sexual risk orders. Practitioners should be fully aware of the effect and operation of the saving and transitional provisions: the repeal or amendment of SOA 2003, ss 104 to 129 (under ABCPA 2014) does not affect: any SOPO application issued or presented before 8 March 2015 any extant order (whenever made) where the application was lodged before 8 March 2015, or any procedural step taken in relation to such an...
This Practice Note outlines the practical actions to be weighed by advisers dealing with the immediate consequences of a serious workplace health and safety accident in England, Wales and Scotland. In the moments after an incident, it is crucial that an incident management team is identified promptly and put in place from the outset and without delay. See Practice Notes: Health and Safety Executive prosecutions policy, Dealing with dawn raids by the Health and Safety Executive—key information, Health and safety investigations in Scotland and Corporate manslaughter—enforcement and prosecution. Which regulators will be involved? England and Wales In England and Wales, coordination of investigation and prosecution activity following a work-related death is governed by Work Related Deaths: A Protocol for Liaison ( WRDP— England and Wales). The protocol is signed by the National Police Chiefs’ Council ( NPCC) British Transport Police ( BTP) Care Quality Commission ( CQC) Care...
The Scottish Environment Protection Agency ( SEPA) is Scotland’s lead environmental regulator, broadly mirroring the functions of the Environment Agency ( EA) in England and Natural Resources Wales in Wales. For information on the enforcement powers of environmental regulators in England and Wales, consult these Practice Notes: Environment Agency—powers to investigate environmental crime Environment Agency ( EA)—powers of entry Natural Resources Wales—powers to investigate environmental crime Local authorities—powers to investigate environmental crime Natural England—powers to investigate environmental crime For details of key environmental offences in Scotland, see Practice Note: Key environmental offences in Scotland, and for the approach to sentencing, see Practice Note: Sentencing environmental offences in Scotland. SEPA's role and policy Established under the Environment Act 1995 ( EA 1995) to protect and enhance the environment, SEPA regulates activities that may pollute water or air; the storage, transport, treatment or...
The Health and Safety at Work etc Act 1974 ( HSWA 1974) HSWA 1974 applies to employers and to those who are self‑employed. The Sentencing Council ( SC) issues guidance for courts in England and Wales, setting out offence‑specific sentencing guidelines for use in the magistrates’ court and the Crown Court which, under section 59 of the Sentencing Act 2020 ( SA 2020), must be followed when sentencing organisations for health and safety offences unless doing so would be contrary to the interests of justice. These sentencing guidelines do not extend to Scotland or Northern Ireland, although courts there may have regard to them to assist their sentencing function. For information on sentencing these offences in Scotland, see Practice Note: Sentencing health and safety cases in Scotland. The SC has issued offence‑specific guidelines for courts sentencing...
This Practice Note This Practice Note sets out the Sentencing Council’s offence-specific guideline employed by magistrates’ courts and Crown Courts in England and Wales when determining sentences for organisations convicted of food safety and food hygiene offences. Under section 59 of the Sentencing Act 2020 ( SA 2020) (the Sentencing Code), judges are required to apply Sentencing Council guidelines when passing sentence unless they are satisfied that following them would run counter to the interests of justice. For guidance on sentencing individuals for equivalent offences, consult Practice Note: Sentencing individuals for food safety and food hygiene offences. The Sentencing Council also issues a suite of overarching guidelines that should inform every sentencing exercise, see Practice Note: Sentences imposed following conviction. Notably, the General guideline—overarching principles (the General guideline) is intended to operate alongside offence-specific guidance and addresses seriousness while offering fuller...
For details on the scope of sentencing powers in Scottish courts, consult Practice Note: The jurisdiction and sentencing powers of Scottish criminal courts. For guidance on criminal procedure across Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. When addressing sentencing in matters arising from regulatory breaches, a court may need to pass sentence both on an organisation and on individuals linked to the wrongdoing. Certain practices, procedural steps and sentencing factors tend to apply to both natural and legal persons, whereas others are necessarily distinct or of no relevance. Throughout this Practice Note, the expression ‘the offender’ is used, and only where needed is a distinction drawn between organisations and individuals. Prior to sentencing In solemn proceedings, the court lacks the power to pronounce sentence unless the Crown has made a motion to do so. The prosecutor must invite the court to...
The Fraud Guideline The Sentencing Council ( SC) has issued a sentencing guideline for fraud offences under the Fraud Act 2006 ( Fr A 2006)—fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position—together with false accounting contrary to section 17 of the Theft Act 1968, and conspiracy to defraud at common law, for use in the magistrates’ court and the Crown Court (found here) (together, the Fraud Guideline). The Fraud Guideline applies to all individual offenders aged 18 and over who are sentenced on or after 1 October 2014, regardless of when the offence was committed. The SC also publishes a series of overarching guidelines to be taken into account in all sentencing exercises, see Practice Note: Sentences imposed following conviction. Among these, the General...
Practice Note This Practice Note considers those elements of the Sentencing Council’s offence‑specific guidelines that are relied upon by the magistrates’ courts and Crown Courts in England and Wales when imposing sentence upon individuals for food safety and food hygiene offences. By virtue of section 59 of the Sentencing Act 2020 ( SA 2020) (the Sentencing Code), courts are required to apply Sentencing Council guidelines when sentencing an offender unless satisfied that doing so would be contrary to the interests of justice. The Sentencing Council has issued offence‑specific guidelines for food safety and hygiene offences. Distinct guidelines govern the sentencing of organisations for such offences, see Practice Note: Sentencing organisations for food safety and food hygiene offences. The Sentencing Council also produces a broad range of overarching guidelines, which ought to be taken into account for all sentencing exercises by the courts, see...
This Practice Note mirrors the procedural framework for sentencing offenders in England and Wales, commonly referred to as the Sentencing Code. For more detail, see Practice Note: Sentencing Code. Sentencing Council for England and Wales and its guidelines The Sentencing Council for England and Wales ( SC) is a statutory body authorised by section 120 of the Coroners and Justice Act 2009 ( CJA 2009) to devise and issue sentencing guidance for the courts in England and Wales. Under the CJA 2009, the SC must maintain guidance on reductions for a guilty plea under section 73 of the Sentencing Act 2020 ( SA 2020), and on the application of any rule of law concerning the totality of sentences. The SC may publish guidelines that are general in scope, or limited to a specific offence or to a category of offence or offender. Such...
In England and Wales, the Sentencing Council has issued offence‑specific sentencing guidelines for use in the magistrates’ courts and the Crown Court. The Scottish criminal appeal court has, in the past, taken account of guidance from England and Wales and endorsed referring to it as a cross‑check when sentencing in Scotland. For details on sentencing environmental offences in England and Wales, see Practice Notes: Sentencing organisations for environmental offences and Sentencing individuals for environmental offences. Scottish Sentencing Council and overarching approach to sentencing The Scottish Sentencing Council was established in October 2015, with duties that include: preparing sentencing guidelines for the courts publishing guideline judgments issued by the courts publishing information about sentences imposed by the courts Its purpose is to foster consistency in sentencing, support the development of sentencing policy, and promote greater awareness and understanding of sentencing. Although it has not yet...
This Practice Note sets out the procedural framework for sentencing offenders in England and Wales and should be read alongside Practice Note: Sentencing Code. Duty to follow sentencing guidelines When passing sentence, every court is obliged to apply any sentencing guideline that is relevant to the offender’s case, unless the court judges that doing so would not be in the interests of justice. In R v Malik, the Court of Appeal emphasised that these duties are not for their own sake but exist because they serve the interests of justice. They foster certainty and consistency as between different judges, and they also enable all concerned, including the public, to understand why courts have reached the decisions that they have. This, in turn, helps to maintain public confidence in the administration of justice. Moreover, the duties assist this Court in discerning both why and how a...
This Practice Note outlines the reach of the , established by the Sentencing Act 2020 ( SA 2020), which, from 1 December 2020, has stood as the unified, consolidated statute governing the sentencing of criminal offences in the courts of England and Wales. The Sentencing Act 2026, which gained Royal Assent on 22 January 2026, makes extensive amendments to the , revises sentencing powers—including financial orders—broadens the scope and conditions of community orders and suspended sentence orders, and introduces notable alterations to bail and sentencing principles. It also overhauls elements of release, recall, post-sentence supervision, and the deportation regime for foreign offenders. Some provisions commenced on 22 March 2026, with others brought in progressively by regulations. This Practice Note reflects only those provisions now in force. For further information, see: Mo J announces Sentencing Act receives Royal Assent, LNB News...
Witness statements A witness statement is a written record of an individual’s evidence, signed by them to verify the truth of its contents. In criminal cases in England and Wales, such statements are typically taken in the form set out by section 9 of the Criminal Justice Act 1967 ( CJA 1967) and must meet the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 16. Where those statutory conditions are satisfied, the statement (a ‘section 9 statement’) can be read at trial with the other party’s consent. As a result, the witness need not attend court to give live evidence. They are used most often at trial, but also appear at bail hearings and on interim applications. A specific Crim PR form is prescribed for section 9 statements. For guidance on witness evidence in criminal proceedings, see Practice Note: Witness...
The offence of unlawful wounding or inflicting grievous bodily harm The offence of unlawful wounding or inflicting grievous bodily harm ( GBH), contrary to section 20 of the Offences Against the Person Act 1861 ( OATPA 1861), can be heard in either the magistrates’ court or the Crown Court. The magistrates’ court will decline jurisdiction where it considers its sentencing powers inadequate. To assess the likelihood of the magistrates’ court accepting or refusing jurisdiction, practitioners may consult the relevant sentencing guidance; see the Sentencing Council guidelines for unlawful wounding or inflicting grievous bodily harm referenced below... Elements of the offence of unlawful wounding of inflicting grievous bodily harm Under the OATPA 1861, the prosecution must demonstrate that the accused: wounded, or inflicted GBH, and did so maliciously and...
ARCHIVED: This Practice Note is archived and is not being maintained. The Scrap Metal Dealers Act 2013 ( SMDA 2013) governs the buying and selling of scrap metal and seeks to deter large-scale cable and metal theft. The Home Office assessed that there were 80,000–100,000 reported metal theft offences each year, imposing a minimum economic cost of £220–£260m. SMDA 2013 introduced an updated regulatory framework for the scrap metal recycling sector and vehicle dismantling, covering licensing for scrap metal dealer businesses and creating offences connected to operating such a business. Paying in cash for scrap metal Section 12 of SMDA 2013 makes it an offence to purchase scrap metal using cash. The rule applies to all scrap metal dealers. Under section 12, dealers must not pay for scrap except by cheque or electronic transfer. The dealer, the site manager, and any person acting on the...
This Practice Note outlines how summary procedure operates in Scottish criminal proceedings and should be read alongside the Scottish summary criminal procedure—flowchart. For an account of the investigation and prosecution process in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Guidance on appeal routes in summary cases is provided in Practice Note: Scottish criminal appeals—summary procedure. Lower-level offences in Scotland proceed on a summary complaint. The rules for summary procedure are set out in Part IX of the Criminal Procedure ( Scotland) Act 1995 ( CP( S) A 1995) (sections 133–194). For resources on solemn procedure, see Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure, together with the Scottish solemn criminal...
This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP( S) A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent...
This Practice Note outlines the solemn trial process in Scotland and ought to be carefully considered alongside the Scottish solemn criminal procedure—flowchart. For further information on pre-trial preparation within the solemn route, consult Practice Note: Solemn procedure in Scottish criminal proceedings. For assistance on appeal routes in solemn cases in Scotland, refer to Practice Note: Scottish criminal appeals—solemn procedure. For a primer on how criminal offences are investigated and prosecuted in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025 brings in a suite of permanent reforms, superseding the temporary measures created during the COVID-19 pandemic. Practitioners must read all procedural references in this Practice Note in the context of those statutory...
This Practice Note sets out the Scottish process for civil recovery before the Sheriff Court, covering cash, listed assets and accounts. It further explains the investigatory powers available within the civil recovery process. It does not address seeking a civil recovery order in the Court of Session under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002). For guidance, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session. For the equivalent position in England and Wales, see Practice Notes: Civil recovery orders under the Proceeds of Crime Act 2002 and Civil recovery under POCA 2002—procedure. Statutory framework for civil recovery in Scotland POCA 2002, Pt 5 empowers enforcement authorities to bring civil proceedings to recover property, cash, or—by virtue of provisions introduced by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023)—a...
This Practice Note sets out the Scottish approach to civil recovery in the sheriff court setting where cryptoassets are concerned. It focuses exclusively on the sheriff court context. For material on the sheriff court route for cash, listed assets and accounts, see Practice Note: Scottish civil recovery in the sheriff court—cash, listed assets, accounts and investigatory powers. For the Court of Session route, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session. Search, seizure and detention of cryptoassets ( Chapter 3C) This part addresses Scotland-specific provisions in Chapter 3C of the Proceeds of Crime Act 2002 ( POCA 2002). For additional detail, consult our E& W Practice Note: Search, detention, recovery and conversion of cryptoassets under POCA 2002—civil recovery. In November 2024, the statutory powers to search for cash under POCA 2002, s 298, and for listed assets under POCA 2002, s 303C, were...
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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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