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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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While adopting preventative measures clearly makes sense (see Practice Note: Cybercrime prevention), the possibility of cybercrime or a cyber attack can never be entirely eliminated. A robust approach to cybercrime and wider cyber security risks should pair strong technical and organisational defences with a clear plan for responding to, and mitigating, the impact of any attack that does occur. This Practice Note offers practical guidance on assembling the incident management strand of your Cybercrime prevention strategy and your incident management plan. It also outlines breach notification obligations under the General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679, where a cybercrime incident amounts to a personal data breach. The Practice Note is aimed at compliance specialists within general commercial organisations and does not address sector-specific...
Background The Market Abuse Directive 2003/6/ EC ( MAD) was enacted in 2003, creating a legal framework across the EU to safeguard market integrity against insider dealing and market manipulation. In the wake of the extensive harm caused by the financial crisis, however, an assessment of MAD’s effectiveness was undertaken, leading the European Commission ( Commission) to propose its repeal and replacement. Consequently, on 12 June 2014, the Official Journal of the European Union published the texts of two new legislative instruments: Regulation ( EU) 596/2014 ( EU Market Abuse Regulation), Directive 2014/57/ EU on criminal sanctions for market abuse ( CSMAD) Together, the EU Market Abuse Regulation and CSMAD displaced MAD and ushered in a new EU‑wide market abuse regime that spans a broader range of markets, products and behaviour than before. The EU Market Abuse Regulation and CSMAD took effect on 3 July...
The provisions governing the format of indictments and the process for their preparation and adoption are set out in the following: the Indictments Act 1915 ( IA 1915) section 2 of the Administration of Justice ( Miscellaneous Provisions) Act 1933 ( AJ( MP) A 1933) Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pts 3, 10 and 25 For details on what an indictment must include, its structure, how to address defects, and the process for amendments, see Practice Note: —content, form, defects and amendments. What is an indictment? An indictment is the official document listing the charges against a defendant, which is preferred (formally served) in the Crown Court. It is a different document from the written charge or information produced by the prosecution to commence a case in the magistrates' court. See Practice Notes: Commencing criminal...
Statutory basis for an appeal against conviction in the Crown Court Under section 1 of the Criminal Appeal Act 1968 ( CAA 1968), there are two avenues to challenge a Crown Court conviction: apply to the Court of Appeal and obtain leave to appeal; and secure from the trial judge, within 28 days of conviction, a certificate that the case is fit for appeal. Section 11 CAA 1968 sets out an equivalent scheme for sentence appeals: either obtain leave to appeal from the Court of Appeal or obtain a judicial certificate that the case is fit for appeal under sections 9 or 10, in each case within 28 days of the date on which sentence was passed. This Practice Note focuses on the trial judge’s power to grant a certificate under CAA 1968, section 1(2)(b) and section 11(1A). For...
Who is investigating? In today’s globalised marketplace, it is routine for several government authorities, spanning numerous jurisdictions, to probe the same behaviour. From the very start of any enquiry, thought should be given to which bodies are already engaged, and which may become engaged later on in future. Public agencies may, and frequently do, run parallel and/or co-ordinated probes with one another, both within and across jurisdictions. Accordingly, Mutual Legal Assistance ( MLA) treaties and Memoranda of Understanding equip US and UK enforcement bodies with formal mechanisms to seek co-operation from other nations. For broader guidance on MLA generally, consult the subtopic: Mutual legal assistance—overview......
ARCHIVED: This archived Practice Note provides background on the changes to criminal procedure that came into force on 2 April 2018. The Criminal Procedure Rules 2015, SI 2015/1490, have subsequently been amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 2 October 2018 and is no longer updated and is not maintained. It is supplied for background purposes only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, received their second update of 2018 via the Criminal Procedure ( Amendment No 2) Rules 2018, SI 2018/847. Those changes took effect on 1 October 2018. This Practice Note highlights the key additions and amendments to the Crim PR of which corporate crime practitioners should be aware. For information on the purpose and scope of the Crim PR, see Practice Note: The Criminal Procedure Rules. For...
ARCHIVED: This archived Practice Note offers background on the criminal procedure changes commencing on 13 November 2017. The Criminal Procedure Rules 2015, SI 2015/1490, have since been amended multiple times—see Practice Note: The Criminal Procedure Rules. It records the law as at 13 November 2017 and is not maintained; it is provided for context only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, were further revised by the Criminal Procedure ( Amendment No 4) Rules 2017, SI 2017/915, with effect from 13 November 2017. This Practice Note draws attention to the principal additions and amendments relevant to corporate crime practitioners. Note also that further Crim PR amendments took effect on 2 October 2017. For those key changes, see Practice Note: Criminal Procedure Rules ( Crim PR)—update August and October 2017 [ Archived]. For general purpose and scope, see Practice Note: The Criminal...
This Practice Note has been archived and is no longer updated. It sets out the key revisions to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR) made by the Criminal Procedure ( Amendment) Rules 2022, SI 2022/45, which commenced on 4 April 2022. The Crim PR regulate practice and procedure in all criminal courts in England and Wales. The amendments cover: adjustments to the witness companions rule a new duty to serve a notice of prosecution on a parent or guardian clarification of the rules on committal for sentence the introduction of a deadline for submitting a written guilty plea fresh requirements for supplying jurors with written directions new provisions on costs applications in restraint or receivership proceedings and notice requirements for appeals affecting compensation or confiscation orders These changes took effect on 4 April 2022. For...
ARCHIVED: This archived Practice Note gives context on alterations to criminal procedure commencing on 10 August and 2 October 2017. Since then, the Criminal Procedure Rules 2015, SI 2015/1490, have been amended multiple times; see Practice Note: The Criminal Procedure Rules. This note reflects the position as at 2 October 2017 and is no longer updated; it is supplied for background only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, were also revised by the Criminal Procedure ( Amendment No 3) Rules 2017, SI 2017/755, with provisions coming into force on 10 August 2017 and 2 October 2017. This note pinpoints the principal changes to the Crim PR relevant to corporate crime practitioners. European Investigation Orders—in force 10 August 2017 Crim PR, SI 2015/1490, Pt 18, rr 7, 10(a), 10(u), 10(w) and 12. These rules establish the mechanism for securing or giving effect to...
ARCHIVED: This archived Practice Note gives background on the changes to criminal procedure effective from 3 April 2017. The Criminal Procedure Rules 2015, SI 2015/1490, have since been amended repeatedly. See Practice Note: The Criminal Procedure Rules. The note states the law as at 3 April 2017 and is not maintained; it is for background only. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, were updated by the Criminal Procedure ( Amendment) Rules 2017, SI 2017/144, and the Criminal Procedure ( Amendment No 2) Rules 2017, SI 2017/282, with effect from 3 April 2017. This note flags the key additions and revisions to the Crim PR. For further detail, see News Analysis: All change for the Criminal Procedure Rules? New rules Allowing sufficient time for consideration of the initial details of the prosecution case Under Crim PR, Part 8, at the first hearing...
Practice Note While an acquittal usually brings criminal proceedings to a definitive close, in defined circumstances a retrial may still follow an acquittal. This Practice Note explains when a retrial may occur, the conditions that must be satisfied before one can proceed, and the relevant procedure. The most frequent basis for a retrial is a jury that cannot agree on a verdict (a hung jury) or a jury discharged before returning a verdict. In those situations, the prosecution may seek a retrial (see below: Retrial after a successful appeal against conviction). The Court of Appeal ( Criminal Division) ( CACD) may direct a retrial in the following situations: where it quashes a conviction after a successful appeal and concludes that a retrial is in the interests of justice for the appellant (see below: Retrial after a successful appeal against...
ARCHIVED: This Practice Note is archived and is no longer maintained. It outlines 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, coming into force on 3 October 2022. Fresh provisions to avoid errors and uncertainty when preferring indictments at arraignment. Clarification of when a magistrates’ court may refuse to issue a summons or warrant for a private prosecution. A stipulated timeframe for courts to answer a request to state a case. Details required on costs applications in private prosecutions. Consolidation of rules concerning court officers’ authority to take statutory declarations, alongside other minor changes. For further analysis, see News Analysis: Criminal Procedure Rules ( Crim PR)—update August 2022 and October 2022. Note that some amendments brought in by SI 2022/815...
ARCHIVED: This archived Practice Note summarises background on changes to criminal procedure that took effect on 6 April 2015 under the Criminal Procedure ( Amendment) Rules 2015, SI 2015/13 and the Criminal Procedure ( Amendment No 2) Rules, SI 2015/646. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. The 2015 amendments revised the Criminal Procedure Rules, SI 2014/1610 ( Crim PR 2014), to provide for: ground rules hearings; advance notice where further evidence is to be introduced on an appeal to the Crown Court from a magistrates’ court; and trial by a single justice on the papers. These changes commenced on 6 April 2015. Ground rules hearings Crim PR 2014, SI 2014/1610, r 3.9 ( Case preparation and...
ARCHIVED: This Practice Note is archived and no longer updated. It sets out the principal alterations introduced to the Criminal Procedure Rules ( Crim PR) on 5 October 2020, when the former Criminal Procedure Rules 2015, SI 2015/1490, were revoked and superseded by the Criminal Procedure Rules 2020, SI 2020/759. Subsequent amendments have been made to the Crim PR. The Crim PR regulate the conduct and procedure to be observed in all criminal courts in England and Wales, including magistrates’ courts, the Crown Court, the Court of Appeal ( Criminal Division), and extradition appeals before the High Court. For additional analysis of Crim PR, SI 2020/759, see News Analysis: An overview of the new Criminal Procedure Rules 2020. Reissue of the Crim PR The Crim PR are commonly revised twice each year, with changes taking effect on the first Monday of April or October. Each update is...
ARCHIVED: This archived Practice Note offers context and background on the alterations to criminal procedure that commenced on 5 October 2015. The Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, have since been revised multiple times and on various occasions. See Practice Note: The Criminal Procedure Rules. The Note reflects the law as at 5 October 2015 and is no longer maintained; it is provided for background information only. The rules have undergone their annual consolidation and republication, with the latest text set out in the Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR). Crim PR annuls and substitutes the Criminal Procedure Rules 2014, SI 2014/1610 ( Crim PR 2014), as altered by the Criminal Procedure ( Amendment) Rules 2015, SI 2015/13, and the Criminal Procedure ( Amendment No 2) Rules 2015, SI 2015/646. The 2015 Rules introduced fresh...
ARCHIVED: This archived Practice Note offers general background information on the alterations to criminal procedure that took effect on 3 October 2016. The Criminal Procedure Rules 2015, SI 2015/1490, have subsequently been amended on numerous occasions to date. See the Practice Note: The Criminal Procedure Rules. This Practice Note states the law strictly as at 3 October 2016 and is not maintained. It is provided for background information only. The Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR), received their second update via the amending statutory instrument, Criminal Procedure ( Amendment No 2) Rules 2016, SI 2016/705 ( Amendment No 2 Rules). These revisions come into force on 3 October 2016 as well. In a welcome step, the Criminal Procedure Rule Committee has indicated that the consolidation exercise undertaken in October 2015 will not be repeated until 2020. The Committee is,...
The Committee ( CPRC) has set rules regulating the practice and procedure to be observed in the criminal courts in England and Wales since 2005. The current iteration appears in the Criminal Procedure Rules 2025, SI 2025/909 ( Crim PR 2025) and should be read alongside the latest Criminal Practice Directions ( CPD) and the Practice Direction ( Costs in Criminal Proceedings), available via the GOV. UK: Criminal Procedure Rules and Criminal Practice Directions webpage. See also the Practice Note: Criminal Practice Directions. Under Crim PR 2025, SI 2025/909, r 2.3, the rules are to be cited as the ‘ Crim PR’. Updating the Criminal Procedure Rules The Crim PR are commonly updated twice yearly, with changes taking effect at the beginning of April and October. Each update is implemented by a statutory instrument that amends the current body of rules. On a...
This Practice Note sets out the principal updates to the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909 introduced by the Criminal Procedure ( Amendment) Rules 2026, SI 2026/47. Most amendments commenced on 6 April 2026, with limited provisions starting on 23 February 2026. The changes cover: confirmation of the open justice principle as it applies to access to court records revisions to time limits that are stated in business days adjustments to the process for objecting to written witness statements clarification of magistrates’ courts’ powers concerning fines substantial reworking of the rules dealing with behaviour orders updates on judicial approval requirements under the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) a series of technical corrections The Criminal Procedure Rule Committee has issued a guide to the Criminal Procedure (...
ARCHIVED: This Practice Note is archived and no longer maintained. This Note outlines the principal changes to the Criminal Procedure Rules 2020 ( Crim PR 2020), SI 2020/759 brought in by the Criminal Procedure ( Amendment) Rules 2025, SI 2025/60. Most provisions start on 7 April 2025, with limited updates taking effect on 24 February 2025. Procedures for inspecting and copying banking records updated Admissibility of hearsay evidence clarified Magistrates’ courts’ powers to vary fines and payment terms clarified Time limit for prosecution appeals against Crown Court rulings altered Further revisions extend certain costs order rules to receivership proceedings, refine the approach to contempt of court cases, and remedy errors introduced by the Criminal Procedure ( Amendment No 2) Rules 2024, SI 2024/842. The Criminal Procedure Rule Committee has issued a guide to the Criminal Procedure ( Amendment) Rules 2025,...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal amendments to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), brought in by the Criminal Procedure ( Amendment) Rules 2021, SI 2021/40. The Crim PR set the practice and procedure for all criminal courts in England and Wales. The changes took effect partly on 8 February 2021 and fully on 5 April 2021. Revised the overriding objective to ensure participants are treated with politeness and respect. Obliged parties to notify the court of any barrier to the defendant’s effective participation and any linked family proceedings. Introduced rules for when the court approves or appoints an intermediary for a witness or defendant. Required the custodian of a defendant sent to custody to obtain and record that person’s...
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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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