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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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ARCHIVED: This Practice Note, now archived, outlines the principal amendments to the Criminal Procedure Rules 2015 ( Crim PR), SI 2015/1490, introduced by the Criminal Procedure ( Amendment) Rules 2019, SI 2019/143, which came into force on 1 April 2019. The Crim PR have since been updated. See Practice Note: The Criminal Procedure Rules. Service of documents—serving on a magistrates’ court or Crown Court SI 2019/143, r 3 modifies Crim PR, SI 2015/1490, rr 4.3 (service by handing over a document) and 4.4 (service by leaving or posting a document), redefining the court office for service as “the office at the address advertised by the Lord Chancellor as the place at which that court’s business is administered” instead of “the office at which that court’s business is administered by court staff”. This applies to both the Crown Court and magistrates’...
ARCHIVED: This Practice Note is no longer active or updated. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277 were revoked and superseded by the Digital Market, Competition and Consumers Act 2024 ( DMCCA 2024). Nonetheless, CPUTR 2008, SI 2008/1277 continues to apply to any conduct that occurred before 6 April 2025. For details on unfair commercial practices under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024. The regulatory regime under the Consumer Protection from Unfair Trading Regulations 2008 CPUTR 2008, SI 2008/1277 took effect on 26 May 2008. It prohibits traders across all sectors from engaging in unfair commercial practices towards consumers that hinder free and properly informed purchasing choices. The regime applies to business-to-consumer transactions and captures behaviour before, during, and after a contract is made. It also extends to...
Offence of material omissions from statement relating to company's affairs Any current or former officer of a company undergoing a court-ordered or voluntary winding up commits an offence by omitting any material matter from a statement about its affairs. If a company is ordered by the court to be wound up, or passes a resolution for a voluntary winding up, a person is regarded as having committed an offence where they have, prior to the winding up, made a statement concerning the company’s affairs that contains any material omission, relating to those affairs within that very same statement......
The offence of acquisition of limited company's own shares Under the general principle, a limited company is prohibited from taking ownership of its own shares, whether through purchase, subscription, or any other method, unless it acts in accordance with the Companies Act 2006 ( CA 2006). A company may instead obtain any of its fully paid shares only where no payment is made; that is, no valuable consideration can be given for the acquisition......
This Practice Note outlines the key considerations when a client is under investigation for a criminal offence and concerned about adverse publicity. It sets out what information investigators may disclose during a criminal investigation and highlights the measures available to minimise harm to a client’s reputation. It further clarifies the nature of any information investigators might make public during the course of their enquiries, and also points to steps to safeguard reputation. Identifying suspects of crime For corporate and high profile clients, safeguarding an untarnished reputation if they are investigated for a criminal offence is paramount. Practitioners should take defined steps to ensure this risk is reduced as far as possible. Where the client is a corporate body subjected to a dawn raid, directors should ensure staff are instructed not to tell anyone that the search is taking place, not to discuss it, and not to send any...
This Practice Note sets out the statutory defences available in respect of the three criminal insider dealing offences under the Criminal Justice Act 1993 ( CJA 1993): the ‘dealing offence’, the ‘encouragement offence’ and the ‘disclosing offence’. It should be read alongside Practice Note: Insider dealing—the criminal offence, which details the constituent elements of the three criminal insider dealing offences. For coverage of the civil/regulatory insider dealing framework, see Practice Note: UK Market Abuse Regulation—insider dealing. General defences The statutory defences applicable to the three criminal insider dealing offences appear in CJA 1993, s 53. The burden lies with the defence to demonstrate, on the balance of probabilities, that a defence is established. General defences to the dealing offence and encouraging offence There are three general defences available to the dealing offence or the encouraging offence......
For guidance on the authority of the criminal courts to levy fines and other monetary penalties after conviction, consult Practice Note: Fines imposed following criminal conviction. Collection of fines The task of collecting and enforcing fines, together with other financial orders—such as prosecution costs, compensation and surcharges—is carried out by the magistrates’ courts, irrespective of whether the penalty was made in the magistrates’ court or the Crown Court. Section 132 of the Sentencing Act 2020 ( SA 2020) (also called the Sentencing Code), Schedule 5 to the Courts Act 2003 ( Co A 2003), Part 3 of the Magistrates’ Courts Act 1980 ( MCA 1980) and the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, set out the arrangements for payment and enforcement of fines and confer enforcement powers on fines officers where sums remain unpaid....
ARCHIVED: This archived Practice Note is no longer being updated. It monitored the Bill’s journey through Parliament until enactment, drawing out notable milestones and documents, including published amendments, that were material to the legislation’s progression. It is kept for historical reference. The Criminal Finances Bill ( CFB) finished its parliamentary stages and obtained Royal Assent on 27 April 2017. The Criminal Finances Act 2017 ( CFA 2017) introduced substantial revisions to the Proceeds of Crime Act 2002 ( POCA 2002) and other statutes, including the Terrorism Act 2000 ( TA 2000); these allow enforcement bodies to more effectively pursue and seize criminal proceeds and terrorist financing. It also created corporate criminal liability for failing to prevent the facilitation of tax evasion and brought in other offences linked to the power to make unexplained wealth orders ( UWOs). The Act further widened the powers...
The Criminal Finances Act 2017 ( CFA 2017) created a corporate offence for failing to prevent the facilitation of tax evasion, effective from 30 September 2017. Government guidance sets out what it expects from compliance arrangements. This Practice Note draws on the final legislation and that guidance... That guidance should be applied proportionately and on a risk basis, taking into account the size, nature and complexity of your organisation. A small entity and a large multinational may adopt the principles in very different ways: what is reasonable for a low‑risk small business could be wholly unreasonable for a high‑risk large business... The Law Society has also issued Criminal Finances Act 2017 guidance for law firms, approved by the Chancellor on 21 November 2018. According to the Law Society, the Chancellor considers its guidance consistent with the Government guidance for the corporate offences of failing to...
Part 19 of the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, prescribes how expert evidence is to be introduced in criminal cases. The Crim PR ought to be read alongside chapter 7 of the Criminal Practice Directions. In combination, these provisions intensify scrutiny of the reliability and admissibility of expert opinion and identify the matters and information to be addressed when commissioning expert reports. For guidance on the admissibility of expert material, the obligations on experts, and the procedure for introducing expert evidence in criminal proceedings, see Practice Note: Expert evidence in criminal proceedings. Content of experts' reports Given the need to comply with Crim PR 2025, SI 2025/909, practitioners are well advised to build the following requirements into any letter of instruction to an expert in criminal proceedings so as to comply with Crim PR 2025, SI 2025/909, r...
The general prohibition under FSMA 2000 The general prohibition sits at the centre of the UK regulatory framework, anchoring the regime. In essence, anyone delivering financial services must hold the appropriate authorisations and permissions to conduct business lawfully, before continuing such activities. Under the UK financial services regime, firms must assess whether approval is required from various authorities and recognise the notion of PRA-regulated activity as part of that assessment. In principle, this creates wider room for firms to inadvertently breach the need to be authorised and to lack the requisite Part 4A permissions in place. In practice, though, a large share of enforcement targets firms and individuals who likely never intended to seek authorisation, eg boiler rooms, share scams, deposit frauds, and ponzi schemes (all variants of fraud in different forms). For further details, see What are regulated...
This new starter guide outlines how a criminal matter moves through the courts in England and Wales, beginning with the investigation and continuing through each forum to sentencing and appeal. It highlights the crucial stages of investigation and prosecution, sets out case progression, trials and sentencing in the magistrates’ courts and Crown Courts, and sketches the route of appeal, with signposts to related content for deeper reading. This Practice Note is designed to help junior lawyers and new starters gain confidence with criminal procedure. For the journey of a corporate crime case, see Practice Note: The life of a corporate crime case. Initial investigation During an investigation, a suspect might be arrested and questioned, or invited to attend a voluntary interview. See Practice Note: Is an arrest necessary? Investigators may take a range of measures, including: taking fingerprints and other samples; ...
This Practice Note addresses applications for permission to appeal and notices of appeal lodged on or after 2 December 2024, which fall under the Supreme Court Rules 2024 ( SCR 2024), SI 2024/949, together with the Supreme Court Practice Directions ( SCR PD). For guidance on the Supreme Court Rules applicable to appeals progressing before 2 December 2024, or where the permission application or notice of appeal was submitted prior to that date, consult the following Practice Notes: Supreme Court—permission to appeal—appeals pre-2 December 2024 [ Archived] Supreme Court—completing an application for permission or notice of appeal and how to respond—appeals pre-2 December 2024 [ Archived] Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 Statutory basis of appeal to the Supreme Court The United Kingdom Supreme Court ( UKSC) was created by Part 3 of the...
Time spent on remand When an offender receives a determinate custodial sentence (that is, imprisonment for a fixed term), the period spent on remand in custody that must count towards that term is calculated and applied administratively by the Prison Service. The statutory basis is section 240ZA of the Criminal Justice Act 2003 ( CJA 2003)... For determinate sentences, the sentencing judge states the overall term, after which the Prison Service works out the credit for time spent on remand in custody; see Practice Note: Custodial sentences available for adult offenders— Determinate sentences of imprisonment. The position differs for time subject to a qualifying curfew and for time in custody pending extradition (see below)... “ Remanded in custody” is narrowly defined and applies only where a defendant is: remanded in or committed to custody by order of a court kept in secure...
What is the background to the temporary changes to the wrongful trading regime? The coronavirus ( COVID-19) outbreak, along with the lockdowns and social distancing measures mandated by the UK Government, has continued to inflict severe strain on numerous businesses and the wider economy. When the first national lockdown was declared in March 2020, the Government rolled out a range of legislative and financial measures aimed at supporting businesses and keeping large areas of the private sector going. As part of this programme of reform, the Corporate Insolvency and Governance Act 2020 ( CIGA 2020) received Royal Assent on 25 June 2020. For further guidance for restructuring and insolvency professionals, see: Coronavirus ( COVID-19)— Restructuring & Insolvency—overview. Directors of companies in financial distress face a host of practical and legal issues, including the possibility of personal liability. A major concern is exposure to wrongful trading claims under...
While the Investigatory Powers Act 2016 ( IPA 2016) repealed and superseded most of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), it leaves untouched the framework for the use of covert intelligence sources, which continue to be controlled by RIPA 2000. The Covert Human Intelligence Sources ( CHIS) Code of Practice sets out guidance on authorising the use or conduct of CHIS by public authorities under RIPA 2000, s 29, and on Criminal Conduct Authorisations under RIPA 2000, s 29B, together with direction on managing any information obtained under a CHIS authorisation. It should be read alongside the statute when assessing any request for surveillance. All RIPA 2000-related codes of practice are admissible in both criminal and civil proceedings and, where a provision appears relevant to proceedings under RIPA 2000, it must be considered. Public authorities may need to defend...
Key documents This Practice Note should be read alongside the following legislation and Practice Direction: Prosecution of Offences Act 1985 ( POA 1985) Costs in Criminal Cases ( General) Regulations 1986 (1986 Regulations), SI 1986/1335 Practice Direction ( Costs in Criminal Proceedings) 2015 [2015] EWCA Crim 1568 (as amended), and Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 45 Who can obtain costs in a private prosecution? Private prosecutor’s costs from defendants In a private prosecution, the court may direct that the defendant pays the prosecution’s costs in the same circumstances as a public prosecution, specifically where: the magistrates’ court has convicted the defendant of an offence the Crown Court has dismissed an appeal against conviction the Crown Court has convicted the defendant of an offence an application to appeal against conviction has been refused by the Court of...
Self-reporting describes when a business discloses financial or other misconduct to regulators and/or law enforcement agencies, either because legislation or rules compel it (mandatory) or, where no express duty exists, because doing so is considered prudent to seek leniency and/or avoid prosecution (voluntary). In the UK, mandatory self-reporting is required for: health and safety at work environmental financial and trade sanctions anti-money laundering ( AML) and counter-terrorist financing ( CTF) financial regulation by the Financial Conduct Authority ( FCA) and Prudential Regulation Authority ( PRA) Voluntary self-reporting primarily arises in relation to: anti-bribery and corruption ( ABC) ‘failure to prevent’ ( Ft P) offences Mandatory self-reporting Several regulatory frameworks impose express, or effectively impose, obligations to self-report. Some of the regimes on which corporate crime lawyers frequently advise are noted below. Health and safety at work and environmental A compulsory framework operates under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 ( RIDDOR), SI...
This Practice Note outlines the operation of Scotland’s self-reporting framework for specified economic crime offences. For information on the Scottish law enforcement bodies and prosecutors dealing with economic and financial crime, see Practice Note: The investigation and prosecution of financial crime in Scotland. For guidance on sentencing in Scotland, see Practice Notes: The jurisdiction and sentencing powers of Scottish criminal courts and Sentencing corporate criminal offences in Scotland. Self-reporting bribery in Scotland From 1 July 2011, the Crown Office and Procurator Fiscal Service ( COPFS) has allowed companies to disclose bribery offences to COPFS with a view to discussing a civil settlement as an alternative to prosecution. For the territorial scope of prosecutions under BA 2010, see Practice Note: Bribery Act 2010—jurisdictional issues between Scotland and the rest of the UK. COPFS generally publishes details of concluded civil settlements. Media statements...
The Corporate Manslaughter and Corporate Homicide Act 2007 ( CMCHA 2007) CMCHA 2007 applies throughout the United Kingdom and establishes the offence of corporate manslaughter (referred to in Scotland as corporate homicide). This Practice Note addresses corporate manslaughter rather than corporate homicide, because certain provisions of CMCHA 2007 draw slight distinctions between the two offences. For a primer on the offence, see Practice Note: Corporate manslaughter—an introductory guide. Where the interests of justice so require, a prosecution may advance a charge of corporate manslaughter arising from a particular set of facts alongside, based on some or all of the same facts, an offence under any health and safety legislation. Equally, an organisation already convicted of corporate manslaughter in relation to specified circumstances may, if justice demands, face an additional charge under relevant health and safety legislation grounded on some or all of those...
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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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