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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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Who is an accredited financial investigator? For the purposes of the Proceeds of Crime Act 2002 ( POCA 2002), an accredited financial investigator ( AFI) is a financial investigator who has been trained and accredited under POCA 2002, s 3. In addition, POCA 2002, s 453 permits the Secretary of State, by secondary legislation, to designate an investigator of a specified description as an AFI. This order‑making power is intended to confine the use of restraint and investigation powers to financial investigators employed or engaged by law enforcement authorities, or employed or engaged in a law enforcement capacity within Government departments. The Proceeds of Crime Act 2002 ( References to Financial Investigators) ( England and Wales and Northern Ireland) Order 2021, SI 2021/640, made under this section, provides that any reference to an AFI in a provision of the 2002 Act listed in column 1 of each table in...
Prosecution by The Pensions Regulator ( TPR) Occupational pension schemes operate within a dense regulatory regime, primarily supervised by The Pensions Regulator ( TPR). Numerous duties imposed on individuals-such as trustees and scheme managers-carry criminal liability. Although TPR is central to policing these standards, criminal pension matters are not confined to its jurisdiction. Other bodies, including the Financial Conduct Authority ( FCA) and the Crown Prosecution Service ( CPS), also possess authority to bring prosecutions in the pensions arena. In Scotland, this function sits with the Crown Office and Procurator Fiscal Service ( COPFS). This Practice Note summarises the principal pension-related offences for which TPR acts as the lead enforcement body, together with any statutory defences. It also covers the offences introduced by the Pension Schemes Act 2021 ( PSA 2021). For comprehensive detail on TPR’s regulatory, investigatory and enforcement toolkit, see Practice Note: The powers of the...
ARCHIVED: This Practice Note has been archived and is not maintained. For details on Parliamentary Bills from 2022, refer to Practice Note: Corporate Crime bills tracker-2022. For secondary legislation made in 2022, consult Practice Note: Corporate Crime horizon scanner 2022- Key secondary legislation. This note monitors primary legislation and the journey of government bills concerning corporate crime that have been introduced in the UK Parliament, whether in the House of Commons or the House of Lords. It also captures relevant private members’ bills-mainly ballot bills-on business crime/white collar crime that, owing to their advanced passage, appear likely to obtain Royal Assent. Links to additional material on each piece of legislation are provided. For notable secondary legislation of interest to corporate crime practitioners, see Practice Note: Corporate crime horizon scanner- September 2021 and beyond [ Archived]. This primary legislation tracker helps corporate crime specialists stay current with...
This Practice Note examines the authority to detain an individual without a warrant for extradition to designated category 2 states. It outlines the legal foundation for that arrest power and explains how a compliant request is generated, certified and served. It further describes the steps for producing the individual before the court pursuant to such a certified request. Provisional arrest under the Extradition Act 2003 Section 74B of the Extradition Act 2003 ( EA 2003) confers on constables, customs officers and service policemen a power of provisional arrest without a warrant, for extraditing persons for serious offences to specified countries on the basis that a certificate has been issued in relation to the person. A constable or customs officer may exercise this power in any part of the UK. A service policeman may exercise the power anywhere, but only in relation to someone who is...
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:...
This Practice Note outlines the procedure to be followed in the closing phases of a Crown Court trial and at sentencing, in accordance with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909 and the Criminal Practice Directions. For guidance on the early stages of a trial on indictment and the taking of evidence in the Crown Court, see Practice Note: Procedure during a Crown Court trial—arraignment, trial requirements and evidence. Closing speeches at the end of the evidence: prosecution and defence Once the evidence has concluded, the prosecutor may make a final address where: the defendant is legally represented the defendant has called at least one witness, other than the defendant, to give live factual evidence or the court grants permission A closing speech should aid the jury in comprehending the prosecution’s case and should not aim to...
The offence of supplying controlled drugs Section 4 of the Misuse of Drugs Act 1971 ( MDA 1971) sets out a number of offences concerning supply. Under MDA 1971, s 4(3) it is an offence to: provide a controlled drug to another person ( MDA 1971, s 4(3)(a)); offer to provide a controlled drug to another ( MDA 1971, s 4(3)(a)); be involved in the supply of a controlled drug to another ( MDA 1971, s 4(3)(b)); be involved in making an offer to supply a controlled drug ( MDA 1971, s 4(3)(c)). These offences are usually triable either way. However, where the defendant faces a third conviction for a Class A drug trafficking offence, the matter must be sent to the Crown Court, as a minimum term of seven years’ imprisonment applies; see: Sentence for supplying controlled drugs,...
Mutual legal assistance in restraint and confiscation proceedings Mutual legal assistance treaties ( MLAT) typically oblige signatory states to help with the restraint and confiscation of criminal proceeds. In the UK, the MLAT restraint/confiscation framework sits in Part 11 of the Proceeds of Crime Act 2002 ( POCA 2002), which also contains the domestic restraint/confiscation schemes in POCA 2002, Parts 2–4. Sections 444 and 445 of POCA 2002 empower UK law enforcement bodies to make secondary legislation so that requests from foreign authorities for help with identifying, recovering, investigating, freezing, confiscating and forfeiting the proceeds of crime can be acted upon, and to give effect to such requests. For an overview of the power to craft secondary legislation under these provisions, and of the secondary legislation implemented pursuant to them, see Practice Note: POCA 2002—external investigations, requests and...
Affray is an offence created by section 3 of the Public Order Act 1986 ( POA 1986). It can be prosecuted in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction, for instance where a weapon is involved, objects are thrown, or the behaviour results in serious injury. Elements of the offence of affray The prosecution must establish that: a person acts intentionally uses unlawful violence towards another, or threatens it; or recognises that their conduct could be violent or threatening towards another; and a person of reasonable firmness present would fear for their own safety Where two or more individuals use or threaten unlawful violence, their conduct is assessed collectively to determine whether the offence is made out. In Dragjoshi v Croydon Magistrates’ Court, the Appellant appealed by way of case stated, disputing whether the court could...
Types of coroner Coroners are independent judicial office-holders. They must be qualified lawyers, although in the past some were medical doctors and a few still hold office. The categories of coroner are: the Chief Coroner senior coroners area coroners assistant coroners The Coroners and Justice Act 2009 ( CJA 2009) created the role of Chief Coroner. Their responsibilities include: directing that investigations be undertaken overseeing the transfer of cases between coroners keeping a register of investigations exceeding one year monitoring and arranging training for investigations into deaths of service personnel reporting to the Lord Chancellor regulating training personally conducting an investigation providing guidance to coroners The Chief Coroner’s guidance notes and law sheets are publicly available, and practitioners should keep up to date with the guidance. Every area has a senior coroner; an area is the district of a local authority, or the combined districts of two or more local authorities. When the senior coroner is absent or...
Offset arrangements occur when a bidder must provide, or is offered, extra investment, payments, or other industrial, commercial, or economic advantages as a prerequisite of its tender, typically as part of a public procurement arrangement or contract. Prevalent in the aerospace and defence sectors, these mechanisms are also known as offset agreements, industrial benefit, industrial participation, industrial co-operation, juste retour, or counter-trade. Buying states often insist on offsets to balance substantial procurement outlay, or to secure access to advanced technology or employment opportunities. Numerous jurisdictions embed offsets within bid evaluation criteria and attribute considerable weight to them when scoring tenders at the award stage. Types of offset arrangement—direct or indirect Direct offset A direct offset links straight to the principal contract, for example producing a component within the buyer’s territory. Indirect offset An indirect offset arises when the supplier, or its government, must purchase or invest in...
This Practice Note examines the offence of making threats to kill. It outlines what the Crown must establish and unpacks the constituent parts of the crime in turn and in context. It also summarises the sentencing framework and cites leading, relevant authorities on sentence for this offence, with appropriate references. The offence of threats to kill The offence of threats to kill may generally be prosecuted either in the magistrates' court or in the Crown Court. Magistrates are particularly likely to refuse jurisdiction where there are multiple threats or the presence of a visible weapon, in such circumstances. Elements of the offence of threats to kill The elements are set out in section 16 of the Offences Against the Person Act 1861 ( OATPA 1861). The prosecution must prove: any person, acting without lawful excuse, makes to another a threat to kill that person or a...
Sanctions Sanctions are temporary limits or bans set by governments that govern how their citizens and businesses interact with targeted countries or regimes. They are a tool of foreign policy and may apply to countries, regimes, organisations, individuals, and entities. Sanctions will typically either be aimed at doing so......
There are four ways in which a local planning authority ( LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works, to a listed building: by issuing a listed building enforcement notice; and/or by issuing a temporary stop notice by bringing a prosecution; and/or by seeking an injunction Unauthorised works to a listed building are a criminal offence, irrespective of whether the LPA proceeds with enforcement action. For further guidance on listed buildings in general, see Practice Note: Listed building regime and listed building consent in England. The National Planning Policy Framework makes clear that heritage assets are an irreplaceable resource and must be conserved in ways proportionate to their significance, ensuring their contribution to the quality of life is available to present and future generations. The enforcement regime remains a vital element of that...
This Practice Note summarises provisions in the Renters’ Rights Act 2025 ( RRA 2025) that place duties on landlords, contractors and other relevant persons in relation to assured tenancies ( ATs). It also addresses financial penalties and offences for breaches of those duties, penalties for unlawful eviction or harassment of occupiers, and guidance on procedure, appeals and enforcement. For further guidance, see Practice Note: Renters' Rights Act 2025—key provisions. Duties of landlords and others ( Part 1, sections 12–14) RRA 2025, s 12 amends the Housing Act 1988 ( HA 1988) by inserting new requirements binding landlords and those acting on their behalf. These obligations commence for private sector landlords on 1 May 2026. Duty of landlord and contractor to give statement of terms (section 12) New HA 1988, s 16D creates a duty on landlords and their contractors (see below) to provide the tenant, before the...
The Russia ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/855), made under the Sanctions and Anti- Money Laundering Act 2018, establish the UK’s Russia sanctions regime. Its aim is to encourage Russia to: halt activities that destabilise Ukraine, including conduct that undermines or threatens Ukraine’s territorial integrity, sovereignty and independence promote payment of compensation by Russia for damage, loss or injury suffered by Ukraine For information on the UK sanctions regime against Belarus, see Practice Note: Sanctions regime— Belarus. Key information The Russia ( Sanctions) ( EU Exit) Regulations 2019 ensure Russia-related sanctions are effectively implemented in the UK. In force from 31 December 2020, they replaced the previous EU sanctions regime responding to Russia’s actions in Ukraine. The measures include: Financial sanctions Immigration sanctions Trade sanctions Transport sanctions Director disqualification sanctions For further information, see section: What’s prohibited? The territorial extent of the Regulations covers the whole of the UK,...
What is HMRC? HM Revenue and Customs ( HMRC) manages the administration and collection of UK taxes. Its scope includes: Direct taxes: income tax and corporation tax Capital taxes: capital gains tax and inheritance tax Indirect taxes: value added tax Excise duties Stamp duty land tax HMRC is also a law enforcement authority investigating serious organised fiscal crime, taking on work formerly carried out by HM Customs and Excise (excluding drug trafficking), such as tobacco and alcohol smuggling. Main reasons for an HMRC raid There is an online facility and a hotline for reporting suspected tax fraud; submissions are reviewed by HMRC. Where it considers there is a basis to proceed, HMRC may make arrests and search premises. It also engages in insolvency processes and, as a creditor, if it identifies potential tax frauds it will investigate and may raid business...
This starter guide offers an overview of the work undertaken by corporate crime solicitors. It is designed for trainee solicitors and for those who are new to white‑collar crime, corporate crime, business crime or regulatory crime as a practice area. The guide sets out the key stages of criminal investigations and prosecutions in which corporate crime lawyers are typically involved, and it also introduces the principal areas of law and the main offences that generally fall within corporate crime practice. In addition, it signposts other sources and materials that supply more comprehensive information on the subjects covered. Where an issue is not dealt with by this basic guide, use the Corporate Crime Topics tab on the homepage to find further practice area content. What is corporate crime and what do corporate crime lawyers do? A corporate crime lawyer’s remit can be very broad. Their focus is on...
This Practice Note sets out practical guidance on the underlying principles of legal professional privilege as they relate specifically to criminal enquiries and prosecutions in Scotland. It should be read alongside Practice Note: Privilege in Scotland—general principles, which summarises the two main categories of legal professional privilege—legal advice privilege and litigation privilege—and also refers to waiver of privilege and common interest privilege in passing. For further commentary on the approach in England and Wales, see Practice Note: Legal professional privilege in criminal proceedings, for comparison. Legal advice privilege—who falls within definition of ‘lawyer’ in COPFS In Whitehouse v The Lord Advocate, the court considered a claim for damages arising from proceedings brought by the Crown under the Proceeds of Crime Act 2002 ( POCA 2002). A restraint order was obtained under POCA 2002, but it was subsequently recalled without any...
This Practice Note sets out the purpose and scope of . For guidance on the comparable process in England and Wales for unexpected deaths, known as coroners’ inquests, see Practice Note: The purpose and scope of coroners' inquests. Reporting of deaths and the Scottish Fatalities Investigations Unit Following a death in Scotland, burial or cremation cannot proceed until a medical certificate stating the cause of death has been issued. This document—known as the Medical Certificate of the Cause of Death ( MCCD or Form 11)—must be completed by a doctor and set out the time, date, place and cause of death, identifying any conditions directly leading to the death and any antecedent conditions. Some deaths must be notified to the Procurator Fiscal. A ‘reportable death’ is one not wholly attributable to natural causes, or one potentially due in whole or in part to natural causes but...
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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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