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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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Financial terms available under a DPA The financial provisions that may form part of a Deferred Prosecution Agreement ( DPA) can include, without limitation, the following obligations: a compensation order or obligation to compensate the victims a financial penalty an obligation to pay the prosecutor’s reasonable costs an obligation to make reparations or to donate to charities that support victims of the criminal conduct disgorgement of profits For more information, see Practice Note: Terms and content of a DPA......
Customer information orders When an appropriate officer serves a customer information order on a financial institution under section 363 of the Proceeds of Crime Act 2002 ( POCA 2002), that institution is obliged to disclose any ‘customer information’ it holds about the named individual. The material must be supplied to an appropriate officer in whatever form, and by whatever deadline, that officer specifies; for further details, see below: Effect of an order. For these purposes, a financial institution is any person carrying on business in the regulated sector, or someone who has ceased to conduct such a business. An order may direct all such institutions, or only a chosen group of them, to comply. The scheme applies to: confiscation investigations civil recovery investigations exploitation proceeds investigations money laundering investigations It does not apply to: detained cash...
ARCHIVED: This Practice Note is archived and no longer maintained. It sets out the principal revisions to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR) introduced by the Criminal Procedure ( Amendment No 2) Rules 2022, SI 2022/815, in force from 15 August 2022. The Crim PR regulate practice and procedure in all criminal courts in England and Wales. The 2022 changes cover live links, the Crown Court’s power to return a case to a magistrates’ court for trial or sentence, adjustments to document service in specified applications, and provision for sign language interpretation for jurors. This Note addresses the amendments commencing on 15 August 2022. Be aware that SI 2022/815 also makes additional changes taking effect on 3 October 2022, which fall outside the scope of this Note. For more, see News Analysis: Criminal Procedure Rules ( Crim...
ARCHIVED: This Practice Note is archived and not maintained. This Practice Note outlines the principal updates to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), introduced by the Criminal Procedure ( Amendment No 2) Rules 2021, SI 2021/849. The Crim PR prescribe the practice and procedure to be followed in all criminal courts in England and Wales. The 2021 amendments adjust procedures in the following areas: Management of cases in the magistrates’ court Sentence indications in the magistrates’ court Court‑held case information and its disclosure to lawyers and the public Committal of cases to the Crown Court where the defendant is absent Service of applications to vary restraining orders Time limit for appeals against conviction to the Crown Court Witness and expert evidence, and applications for search...
This Practice Note addresses one of the three criminal offences set out in, and created under, section 52 of the Criminal Justice Act 1993 ( CJA 1993): encouraging or inducing another individual to trade in such securities (regardless of whether that individual realises they are 'price-affected'), whilst knowing or having reasonable grounds to believe that the transaction would occur. For general guidance on criminal insider dealing, including the territorial scope of the offence, who counts as an insider and what amounts to inside information and an inside source, see Practice Note: Insider dealing—the criminal offence. How can a person commit the offence of encouraging insider dealing? An individual commits the offence of encouraging insider dealing if, while holding inside information, they induce someone else to trade in securities that are price-affected in relation to that information. The encourager must know or have reasonable cause to believe that the...
under section 432 of the Companies Act 1985 The Department for Business and Trade ( DBT) oversees companies to safeguard investors, suppliers and customers against corporate wrongdoing. Where the conditions set out in section 432 of the Companies Act 1985 ( CA 1985) arise, the Secretary of State ( So S) can appoint inspectors to examine a company’s affairs. The Insolvency Service’s Legal Services Directorate ( LSD) serves as the principal criminal enforcement authority for insolvency-related fraud and corporate misconduct. The investigatory powers provided by the CA 1985 can also be applied to overseas companies doing business in the UK......
The offences of common assault and battery Strictly speaking, assault and battery are separate summary offences. Assault arises where a defendant, intentionally or recklessly, causes another person to fear immediate and unlawful violence, whereas battery is made out when unlawful force is applied intentionally or recklessly. A battery may occur after an assault, but that is not invariably so... Both are summary-only offences, ordinarily tried in the magistrates’ court. However, where the incident is racially motivated, section 29 of the Crime and Disorder Act 1998 ( CDA 1998) permits trial either in the magistrates’ court or the Crown Court. See Racially or religiously aggravated assault below. The usual statutory limit for charging assault or battery is six months from the date of the offence. Different time limits may apply in proceedings for common assault or battery where the conduct alleged amounts to domestic violence and the...
Account monitoring orders An account monitoring order permits an investigator to track the activity of a specified account maintained with a financial institution for up to 90 days after the date on which the order is granted. A financial institution means a person carrying on business within the regulated sector. Account monitoring orders are available for use in the following categories of investigation: confiscation investigations civil recovery investigations exploitation proceeds investigations money laundering investigations They are not available for the following types of investigation: detained cash investigations detained property investigations frozen funds investigations The application Applications for account monitoring orders must be made in accordance with Criminal Procedure Rules 2025, SI 2025/909 ( Crim PR 2025), Pt 47. Regard must also be had to the Criminal Practice Directions 2023 ( Crim PD), in particular Crim PD 11 (...
Admission of bad character as a relevant matter in issue Section 101(1)(d) of the Criminal Justice Act 2003 ( CJA 2003) — commonly termed gateway D — authorises the admission of bad character evidence where it is relevant to an important matter in issue between the prosecution and the defence. This pathway is limited to evidence advanced by the prosecution. For the purposes of the CJA 2003, ‘matters in issue’ expressly include whether the defendant has a propensity to commit offences of the kind charged, or a propensity to be untruthful; however, the concept is not restricted to propensity or untruthfulness alone. In R v O, Rix LJ observed, obiter, that although section 103(1)(a) illustrates and emphasises propensity, gateway (d) is more broadly concerned with relevance to an important matter in issue as between a defendant and the prosecution. See Practice Notes:...
Criminal Justice Act 2003 The Criminal Justice Act 2003 ( CJA 2003) allows the admission of bad character evidence through several statutory gateways. One such route is where the material amounts to 'important explanatory evidence' ( CJA 2003, s 101(1)(c)). This is commonly referred to as gateway C and is not confined to material adduced by the prosecution. However, this and the other statutory gateways only operate if the material falls within the CJA 2003, s 98 definition of 'bad character'. Bad character means evidence of, or a tendency towards, misconduct by the defendant, excluding material that relates to the offence charged or to misconduct involved in the investigation or prosecution of that offence. Misconduct is defined as committing any offence or other reprehensible behaviour. For instance, in R v Osbourne it was decided that evidence the defendant could be aggressive and shout when not...
This Practice Note sets out when search and seizure warrants can be sought and the method for doing so under section 352 of the Proceeds of Crime Act 2002 ( POCA 2002). It details the statutory preconditions for securing a search and seizure warrant, including situations where a production order has failed or is unsuitable, the application route under the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, and the particulars that must be included in a warrant. It also addresses the effect and execution of search and seizure warrants, how the safeguards in the Police and Criminal Evidence Act 1984 ( PACE 1984) and the relevant Codes of Practice apply, and the offences that may arise from obstructing or assaulting officers carrying out a search and seizure warrant issued under POCA 2002, s...
Failing to provide a specimen Under section 7 of the Road Traffic Act 1988 ( RTA 1988), a person commits an offence if, when required to provide a specimen of breath, blood or urine for analysis, they fail to do so without reasonable excuse, whether they have driven, attempted to drive, or not. For detailed guidance on the requirement to provide a specimen, see Practice Note: Evidential specimens in road traffic cases. Failing to give permission for a laboratory test A separate offence arises where an individual supplies a blood sample but, without reasonable excuse, does not give permission for a laboratory test of that blood specimen. In those circumstances, they are guilty of an offence under RTA 1988, s 7( A)......
Generally, to secure a conviction for a criminal offence, it must be shown that a person: engaged in conduct that is prohibited, failed to act in a legally required way (omission), brought about a particular state of affairs, and possessed the requisite mental element (mens rea) while the criminal act was being carried out. For details on the required mental element, see: State of mind—overview. That said, some offences—chiefly those created by statute—impose strict liability, meaning the prosecution need not prove fault or any mental element. See Practice Note: Strict liability. Actus reus The criminal conduct or act constituting an offence is termed the actus reus, and this behavioural component is the defining feature of any offence. Certain offences require the behaviour to produce a specified consequence; others merely require that the behaviour occurs, and any resulting outcome is...
ARCHIVED: This Practice Note is archived and no longer maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, are revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). However, CPUTR 2008, SI 2008/1277 continues to govern any conduct that occurred before 6 April 2025. For guidance on contravening professional diligence under DMCCA 2024, see Practice Note: Contravening professional diligence under the Digital Markets, Competition and Consumers Act 2024... The offence of contravening professional diligence The offence of contravening professional diligence is a criminal offence within the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008). See Offences under the Consumer Protection from Unfair Trading Regulations 2008 [ Archived]. Regulation 3 prohibits unfair commercial practices. A commercial practice is unfair where it, among other things: fails to meet the...
This Practice Note sets out the offences of fraud by failing to disclose and fraud by abuse of position under sections 3 and 4 of the Fraud Act 2006 ( Fr A 2006). Each is a means by which the general fraud offence in Fr A 2006, s 1 can be committed. These offences are most often brought against professionals, fiduciaries, or those in positions of trust, or with a fiduciary relationship to the victim. Fraud by failure to disclose information An offence of fraud by failing to disclose is made out where a defendant: dishonestly withholds information from another when under a legal duty to reveal it, and intends to secure a gain for themselves or someone else, or intends to cause another a loss, or to expose them to the risk of loss Conduct falling within this...
As a matter of law, the starting point on applications for reporting restrictions is that hearings are ordinarily held in open court. That stance reflects the common law doctrine of open justice and appears in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. Where required, the criminal courts may curtail reporting of particular public hearings, limit public attendance, withhold information from the public during proceedings, or direct that a trial be heard in private. The power to make such orders stems from a broad range of legislative provisions, many of which are listed below. Open justice and reporting restrictions The principle of open justice—that justice is administered in public—is both a hallmark and a safeguard of the rule of law: it prompts witnesses to come forward and speak honestly it sustains public confidence in the trial process and the...
ARCHIVED: This archived timeline outlines the principal legislative milestones within the data protection reform package. It is supplied for background purposes only and is not maintained. This timeline contains information relating to: the General Data Protection Regulation, Regulation ( EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC ( GDPR) the Data Protection Law Enforcement Directive, Directive ( EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the European Union’s anti-money laundering ( AML) and counter-terrorist financing ( CTF) legal and regulatory regime as it applies to financial services firms, addressing: legislation pertinent to financial services European Banking Authority ( EBA) guidance on AML/ CTF the EU’s central AML/ CTF database, Eu Re CA European initiatives and measures on AML/ CTF principal actors involved in European AML/ CTF supervision and enforcement For insight into the role of supranational bodies and international co-operation on AML/ CTF, including the FATF and the Basel Committee on Banking Supervision ( BCBS), see Practice Note: Introduction to the supranational AML/ CTF framework for financial services. For an outline of the UK AML/ CTF legislative and regulatory framework—covering the Money Laundering, Terrorist Financing and Transfer of Funds (...
ARCHIVED : This Practice Note has been archived and, from 1 June 2024, is no longer maintained. For detailed practical guidance on each component of the EU’s AML/ CTF legal framework and regulatory requirements, see the Financial crime and sanctions ( EU Law)—overview. The European Commission’s 2020 Action Plan for a Comprehensive EU policy on Anti- Money Laundering ( AML) and Counter- Terrorist Financing ( CTF) ( Action Plan), along with its 2021 legislative package, aims to overhaul the European Union’s AML/ CTF legal framework and regulatory requirements. In particular, it will replace the Fourth Money Laundering Directive ( EU) 2015/849 ( MLD4), as amended by the Fifth Money Laundering Directive ( EU) 2018/843 ( MLD5). The package will: create a single EU-level supervisory Anti- Money Laundering Authority ( AMLA) which, among other things, will directly supervise selected...
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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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