Featured documents
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:
Most recent Practice notes
What is a remedial action notice? A remedial action notice is employed by enforcement bodies such as the Food Standards Agency ( FSA) or a local authority where there has been a breach of the Food Safety and Hygiene ( England) Regulations 2013 ( FSH( E) R 2013), SI 2013/2996, or where an inspection under FSH( E) R 2013, SI 2013/2996 is being obstructed. The effect of such a notice is to: forbid the use of any equipment, or any part of the establishment, identified in the notice set conditions on, or prohibit, the carrying out of any process require the rate of operation to be reduced to the extent stated in the notice, or halted entirely Failure to comply with a remedial action notice is a criminal offence; see Practice Note: Criminal offences under the Food Hygiene ( England)...
The Regulators’ Code is issued by the Secretary of State under section 22 of the Legislative and Regulatory Reform Act 2006 ( LRRA 2006). Section 21 of the LRRA 2006 places a duty on anyone exercising a specified regulatory function to have regard to two key principles: regulatory activities should be undertaken in a manner that is transparent, accountable, proportionate and consistent regulatory activities should be targeted solely at cases where action is required Who does the Regulators’ Code apply to? Any person or body exercising a specified regulatory function must take the Regulators’ Code into account when setting general policies or principles for the functions that the particular regulator carries out. The Code is designed to set out a clear framework for how regulators should deal with those they regulate. It seeks to improve relations between regulators and the regulated and to remove...
In most Scottish criminal matters, defence representatives usually obtain material through disclosure provided by the Crown, in line with duties under the Criminal Justice and Licensing ( Scotland) Act 2010 ( CJL( S) A 2010). For guidance on such material, refer to Practice Note: Disclosure of evidence in Scottish criminal proceedings. However, some situations call for information retained by the Crown that falls outwith its statutory disclosure duties, that is, material the Crown holds but is not obliged by the CJL( S) A 2010 to reveal to the defence. At times, the necessary information sits with a third party; documents or records may lie with external organisations or individuals rather than the Crown. This Practice Note sets out how such material can be recovered, and describes the mechanisms available to secure access in those...
Those requiring protection Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 ( SOCPA 2005) sets out arrangements to safeguard people involved in investigations and legal proceedings. The UK Protected Persons Service operates regionally, delivered by the police but co‑ordinated by the National Crime Agency ( NCA). It aims to ensure that witnesses and other vulnerable individuals facing life‑threatening risk receive protection and support by: setting national standards of quality, improving co‑ordination across currently fragmented services, encouraging intelligence exchange between police forces, and bolstering local provision to deliver a uniform and accountable service The Central Bureau of the NCA serves as the national headquarters for the UK Protected Persons Service, providing strategic and practical support and co‑ordination to officers assisting protected persons. Under SOCPA 2005, s 82, a ‘protection provider’ (typically the police) may put in place...
The power to award prosecution costs A prosecutor can secure an order recouping the expense of pursuing a case in a number of ways: Private prosecution costs from central funds The court may direct payment from central funds at a level it deems reasonably sufficient to reimburse the prosecutor for properly incurred expenses in proceedings for any indictable offence, and in proceedings before a Divisional Court of the King’s Bench Division or the Supreme Court concerning a summary offence. This route is unavailable where the prosecutor is a public authority, so it applies only to private prosecutors. If the court leaves the amount unspecified, the quantum is determined under the procedures laid down in the Costs in Criminal Cases ( General) Regulations 1986, SI 1986/1335, made pursuant to section 20 of the Prosecution of Offences Act 1985 ( POA 1985). A determining officer at the Senior Courts Costs...
This Practice Note examines the prosecution of companies and other commercial bodies, such as partnerships. It sets out the approach to bringing cases against corporate defendants. It outlines the considerations weighing for and against proceeding, alongside key preparatory steps to take before starting a prosecution. The Note further describes corporate representation in court, the conduct of the trial, and sentencing options available for various business structures following conviction. It also signposts practical points on preparation and commencement. What factors influence the decision to prosecute a company When assessing whether to pursue a corporate prosecution, practitioners should consult the joint Serious Fraud Office ( SFO) and Crown Prosecution Service ( CPS) Guidance on Corporate Prosecutions, read together with the Code for Crown Prosecutors......
In the aftermath of the Supreme Court decision in R v Waya Following the Supreme Court ruling in R v Waya, section 6(5) of the Proceeds of Crime Act 2002 ( POCA 2002) was revised to insert the words: ‘ Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.’ This placed on a statutory footing the requirement that confiscation orders be proportionate. A prosecutor is not obliged to commence confiscation proceedings; rather, doing so is a matter of discretion. If the prosecutor does not invite the court to proceed to confiscation, the court likewise retains a discretion whether to embark on confiscation proceedings, provided the remaining statutory conditions are satisfied. The judgment in R v Andrewes confirms that prosecutors, at the very least, should build an...
Elements of the offence of production of a controlled drug It is an offence to: be involved in the production of a controlled drug This either-way offence can therefore be handled in either the magistrates’ or Crown Courts. The meaning of 'being concerned' in the production of a controlled drug Case law confirms that, to secure a conviction, the Crown must demonstrate the defendant assumed an identifiable role in the drug’s production ( R v Farr). The leading authority on this issue is Farr. The defendant permitted two people to use his kitchen to produce heroin; there was no prior arrangement. The Court of Appeal quashed the conviction, ruling that there must be identifiable participation in the process of producing a controlled drug; on these facts, only passive presence was proved. The proper allegation in those circumstances would have been under section 8 of the...
This Practice Note outlines criminal exposure under the statutory product safety framework as it operates in Scotland. For fuller analysis of potential offences within this framework and how they are enforced, consult our E& W Practice Notes: Consumer Protection Act 1987 offences Enforcement of the Consumer Protection Act 1987 General Product Safety Regulations 2005— Offences Enforcement of the General Product Safety Regulations 2005 Prosecution of product safety offences under the General Product Safety Regulations 2005 Enforcement of consumer protection laws under the Consumer Rights Act 2015 Statutory product safety regime Under the Scotland Act 1998, product safety is a reserved matter, subject only to narrow exceptions. Part II of the Consumer Protection Act 1987 ( CPA 1987) imposes a duty to ensure that goods covered by safety regulations issued by the Secretary of State are safe; those...
Money laundering offences—an introduction Money laundering describes the disguising of criminal proceeds as assets that seem legitimately derived, enabling permanent retention or their channelling back into further unlawful ventures. It follows a prior acquisitive offence (the predicate crime), with the profits processed either by the offender or by another acting for them. The Proceeds of Crime Act 2002 ( POCA 2002) creates the core laundering offences, discussed in greater depth below. Liability can also arise for those who, within the anti-money laundering framework, fail to identify, discourage, stop or disclose substantive laundering activity. These failures are criminalised under POCA 2002 and through secondary legislation. For further detail, see Practice Note: Money laundering offences—failure to disclose offences and Anti-money laundering and counter-terrorist financing offences—overview. Corporate criminal liability extends to organisations where the wrongdoing is committed by a body corporate, a...
Private prosecutor’s role as a ‘ Minister of Justice’ A private prosecutor, along with anyone running proceedings on their behalf, must act as ‘ Ministers of Justice’. Alongside that duty, a private prosecutor can also assume the following positions in a case: complainant witness investigator disclosure officer Unavoidably, these overlapping roles can collide, weakening the prosecutor’s ability to act as a true ‘ Minister of Justice’. Where one individual or entity holds any mixture of these roles, the tension must be recognised and actively managed so the defendant is not treated unfairly. Both sides should remain alive to this risk. Partly for this reason, it is not uncommon for challenges to be brought to the issuing of the summons or the continuation of proceedings. See Practice Note: Challenging private prosecutions. Such challenges frequently probe the private prosecutor’s motive and conduct (often...
The Sentencing Council ( SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for use in the magistrates’ court and the Crown Court. This Practice Note examines how sentences are determined for the offence of rape contrary to section 1 of the Sexual Offences Act 2003 ( SOA 2003), and for rape of a child under 13 contrary to SOA 2003, section 5. Be aware that the SC has also issued guidance on sentencing historic sexual offences arising under pre‑ SOA 2003 legislation, available to access via the SC’s website. For details of the constituent elements of rape under SOA 2003, section 1, refer to Practice Note: Rape. For further detailed guidance regarding the sentencing of sexual offences other than rape, please consult Practice Note: Sentencing guidelines for sexual offences......
Police powers and preliminary tests Under the Road Traffic Act 1988 ( RTA 1988), three categories of preliminary testing exist. These are: a police-administered breath test, in which a suspect supplies a breath specimen that is analysed to determine whether the proportion of alcohol in the person’s breath is likely to exceed the prescribed limit a preliminary impairment test used to assess the driver’s physical reactions and capability, and a preliminary drug test, a process by which a sample of sweat or saliva is taken to indicate whether drugs have been administered by the driver The Deregulation Act 2015 ( DA 2015) removed the need for an officer to carry out a preliminary test where a portable evidential breath test device is available. In those circumstances, the officer may proceed directly to the evidential breath tests. The option to require a preliminary breath test remains...
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
For information on the overarching regime overseeing the use of powers under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. What does the investigate? The IPT has jurisdiction to examine and resolve complaints relating to the conduct and deployment of covert surveillance by public authorities, including UK intelligence agencies. Section 65(5) of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), as amended by IPA 2016, provides a detailed catalogue of what amounts to ‘conduct’ for the IPT’s purposes. In essence, ‘conduct’ covers a public authority exercising covert surveillance powers under IPA 2016 or RIPA 2000, and any activity undertaken by or on behalf of the intelligence services. By way of illustration, the IPT considers complaints about conduct by or for the police, the Security Service, the Secret...
International financial sanctions lists This Practice Note presents a table of international financial sanctions registers, providing links to the relevant lists and, where available, the regulatory authorities accountable for them. Including Multinational United Nations — United Nations Security Council Consolidated List: Persons and entities; Embargoed countries World Bank — World Bank Listing of Ineligible Firms and Individuals: Persons and entities EU Sanctions — European Council EU Sanctions Map: Persons and entities; Embargoed countries; Special measures ( Russia) Argentina Superintendencia de Seguros de la Nación ( SSN) — Superintendencia de Seguros de la Nación Liquidación: Persons and entities; Embargoed countries Comisión Nacional de Valores —...
Archived: This Practice Note has been archived and is not being maintained or updated. Insider dealing involves exploiting confidential or privileged information that has not yet been made public or otherwise disclosed, in order to gain an advantage in the market. If a person in possession of inside information uses it to deal in price-affected securities, that conduct amounts to the offence known as insider dealing. For fuller detail on the offence of insider dealing, including the maximum sentences that may follow conviction, see Practice Notes: Insider dealing—the criminal offence and Insider dealing—defences to criminal charges for further guidance. Sentencing guidelines There are no offence-specific sentencing guidelines for this offence; none exist. Consequently, the Sentencing Council’s General guideline: overarching principles will govern sentencing for all insider dealing offences. From that point, sentencing courts must apply the guideline to every case, unless the interests of justice suggest...
This Practice Note addresses one of the three criminal offences under section 52 of the Criminal Justice Act 1993 ( CJA 1993): the act of revealing inside information to another, save where done in the proper exercise of one’s employment or duties (the ‘disclosing information offence’). For wider guidance on criminal insider dealing—including who qualifies as an insider, what amounts to inside information, and what is an inside source—see Practice Note: Insider dealing—the criminal offence. How can a person commit the disclosing (inside) information offence? The offence arises where an individual passes inside information to someone else other than in the legitimate course of their employment, position or role. The individual must be aware that the information is inside information and that it originates from an inside source; knowledge must extend to both its nature and its provenance. See Practice Note: Insider...
For guidance on what an indictment is, when one is needed, and details on electronically generating draft indictments and preferring an indictment, refer to Practice Note: The indictment. Contents of an indictment The principal rules governing indictments are contained in rule 10.2 of the Criminal Procedure Rules 2025, SI 2025/909 ( Crim PR 2025) and in sections 3–5 of the Indictments Act 1915 ( IA 1915). The key requirements are: the indictment must be set out in writing it should follow one of the prescribed forms unless the Crown Court directs otherwise, or the draft is produced electronically in accordance with Crim PR 2020, r 10.3 at the head of the document, include the document date and a statement identifying it as, where applicable: the first indictment in the case a...
For the purposes of enforcing the powers and duties set out in the Food Safety Act 1990 ( FSA 1990), every London borough council, district council and non‑metropolitan county council functions as the “food authority”. Under FSA 1990, s 34, proceedings for offences under ss 7, 14 and 15 must be brought within three years of commission, or within one year of discovery by the prosecutor, whichever comes first. For the meaning of “discovery”, see Practice Note: Time limits for commencing criminal proceedings. For further guidance on food safety prosecutions, see Practice Note: Decision to prosecute for . Rendering food injurious to health It is an offence under the FSA 1990 to produce food intended for sale for human consumption that may harm a person’s health. This is an either way offence, triable in the magistrates’ court or the Crown Court. Food may be...
Popular documents
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 ]...
Discover more from LexisNexis
