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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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The Sentencing Council ( SC) has issued an offence‑specific sentencing guideline for corporate manslaughter which, under section 59 of the Sentencing Act 2020 ( SA 2020), also called the Sentencing Code, courts are required to apply in practice when sentencing corporate defendants for corporate manslaughter, unless doing so would be against the interests of justice to do so. This guideline does not extend to Scotland or Northern Ireland, although courts sentencing in those jurisdictions may refer to it to assist their sentencing function as appropriate and when necessary. See Practice Note: Sentencing health and safety cases in Scotland. The SC also publishes a number of overarching guidelines, which ought to be considered and applied in all sentencing exercises undertaken by the courts; see Practice Note: Sentences imposed following conviction. Among these, the General...
The Corporate Manslaughter and Corporate Homicide Act 2007 ( CMCHA 2007) applies throughout the UK and, on 6 April 2008, brought in the offence of corporate manslaughter (referred to in Scotland as corporate homicide). This Practice Note focuses on corporate manslaughter rather than corporate homicide, as certain provisions of CMCHA 2007 treat the two offences differently. For a general overview, see Practice Note: Corporate manslaughter—an introductory guide, and for detailed analysis of the constituent elements, see Practice Note: Corporate manslaughter—the offence. Corporate manslaughter investigations Since its commencement, the offence has been deployed relatively infrequently; projections of 10–12 prosecutions each year have not been realised, though the number of matters progressing through the courts is rising. For data on convictions, see Practice Note: Corporate manslaughter—prosecutions tracker. The precise reasons for the limited volume of prosecutions are unclear, but are thought to stem from a mix of...
An internal investigation is a formal legal exercise carried out by an organisation, with or without external counsel, to examine and determine facts around a particular allegation, concern or misconduct, and to address any potential irregularities... What sort of events may trigger an investigation? A concern raised internally via a whistleblowing hotline or other channel (whistleblower) A response to a demand from a regulatory or criminal authority Part of due diligence ahead of a merger or acquisition A civil litigation claim An internal or external auditor’s report Media reports An external allegation, for example from a customer or counterparty Why conduct an internal investigation? Internal investigations play a vital role in establishing the factual background of an event or sequence of events in a manner that best safeguards the organisation and its board. The primary objective is to...
ARCHIVED: This Practice Note is archived and is not maintained. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) took effect on 1 October 2012 and dramatically altered the ability of an acquitted, privately funded defendant to recover the expenditure of mounting their defence. These reforms markedly narrowed the scope for reimbursement where individuals had paid privately. The shift provoked concern among solicitors, many of whom considered the policy both unfair and unwarranted. In turn, the Law Society issued guidance titled Defence Costs Orders, outlining practitioners’ obligation to tell clients about the new approach to defence costs. These changes affected acquitted defendants who privately funded their defence. What has changed? After LASPO 2012, Sch 7, came into force, the Prosecution of Offenders Act 1985 ( POA 1985) was amended. As a result, legal costs—including fees, charges and expert witness costs—can no longer be...
This Practice Note outlines how a corporate crime matter moves through the criminal courts in England and Wales, from the initial investigation through to prosecution, trial, sentencing and appeal. It signposts the principal stages of investigation and prosecution, explains how liability is attributed to corporate bodies, sets out procedure before the magistrates’ court and the Crown Court, notes the availability of Deferred Prosecution Agreements ( DPAs), and summarises the approach to sentencing corporate offenders. It will help junior lawyers and new starters become familiar with the progression of a corporate crime case. Corporate criminal liability A corporate crime case differs in important respects from one involving an individual defendant. For an overview of the life of a criminal case in England and Wales, see Practice Note: The life of a criminal case. A corporate body (such as a company) is a separate legal person and can be...
ARCHIVED This Practice Note is archived and no longer maintained. For details on government bills relevant to corporate crime in 2026, see Practice Note: Corporate Crime bills tracker—2026. It recorded the progress of government bills affecting corporate crime that were introduced in the House of Commons or the House of Lords in the UK during 2025, and included links to further information on each measure. For key secondary legislation, consultations and other notable developments of interest to corporate crime lawyers in 2025, see Practice Note: Corporate Crime horizon scanner—2025 [ Archived]. Criminal liability Bill Long title Impact for corporate crime lawyers Further material Crime and Policing Bill UK Parliament—progress A Bill to make provision regarding anti-social behaviour, offensive weapons, offences against persons (including sexual offences), property offences, the criminal exploitation of individuals, sex offenders, stalking and public order; to confer powers on the police, the border force and similar...
ARCHIVED: This Practice Note is archived and no longer maintained. For guidance on what to look out for in 2026, see Practice Note: Corporate Crime horizon scanner—2026. This Note summarised the principal legal developments that affected corporate crime lawyers in England and Wales during 2025. For key Scottish corporate crime developments in 2025, see Practice Note: Scottish Corporate Crime horizon scanner 2025 [ Archived]. For what occurred in 2024, see Practice Note: Corporate Crime horizon scanner—2024 [ Archived]. Key primary legislation For details of primary legislation and the progress of government bills relevant to corporate crime that were tabled in the House of Commons or the House of Lords during 2025, see Practice Note: Corporate Crime bills tracker—2025 [ Archived]. For legislation and government bills in 2026, see Practice Note: Corporate Crime bills tracker—2026. Key secondary...
Reporting deaths to a coroner Not every death is notified to a coroner. A coroner must be told that a person’s body is within their area where there is reason to suspect that: the deceased died a violent or unnatural death the cause of death is unknown, or the deceased was in state custody, namely: prison police custody immigration detention centre There is a difference between a death that must be reported to a coroner and the step of a coroner opening an investigation under section 1 of the Coroners and Justice Act 2009 ( CJA 2009). The Notification of Deaths Regulations 2019, SI 2019/1112, identify when a registered medical practitioner has a duty to notify a...
Controlled waste is regulated by legislation. It is set out in Part II to the Environmental Protection Act 1990 ( EPA 1990)—see Definition of controlled waste below. This Practice Note considers the meaning of controlled waste in England and Wales only. Key provisions dealing with controlled waste The points below summarise principal provisions in England and Wales. Ban on unauthorised or harmful depositing, treatment or disposal of controlled waste, with fixed penalty notices: EPA 1990, s 33; section 69 of the Environment Act 2021 ( EA 2021). See Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste. Waste duty of care relating to controlled waste: EPA 1990, s 34; Waste ( England and Wales) Regulations 2011, SI 2011/988, reg 35. See Practice Note: Waste duty of care—controlled waste. Need to register as a waste carrier when...
Contravening professional diligence under DMCCA 2024 From 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) repealed and supplanted the consumer protection framework in the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. This Practice Note addresses the offence of breaching professional diligence under DMCCA 2024. The statutory elements for this offence under DMCCA 2024 broadly replicate those found in CPUTR 2008, SI 2008/1277. For commentary on unfair commercial practices within DMCCA 2024, see News Analysis: The new law relating to unfair commercial practices. Note CPUTR 2008, SI 2008/1277 continues to govern behaviour that occurred before DMCCA 2024 commenced. For information on contravening professional diligence under the previous regime, consult Practice Note: Contravening professional diligence under the Consumer Protection from Unfair Trading Regulations 2008 [ Archived]. For context on how DMCCA 2024 developed and an...
In the Crown Court, when the prosecutor applies (or, where the court considers it appropriate, of its own motion), the court is obliged to also consider whether to impose a confiscation order on a convicted defendant. Such an order compels payment of a sum reflecting the benefit obtained from criminal conduct, limited to the assets available to satisfy it. The regime governing confiscation may intersect with, but remains distinct from, civil forfeiture proceedings under section 303Z14 of the Proceeds of Crime Act 2002 ( POCA 2002), which operate under different statutory criteria and provisions. For guidance on confiscation orders under the POCA 2002, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. In addition, following conviction in the magistrates’ court for any offence, including summary only matters, if the prosecutor so requires, the court must commit the case to the Crown Court to...
Section 6 of the Proceeds of Crime Act 2002 ( POCA 2002) prescribes the process for making any confiscation order. After the requirements in POCA 2002, s 6(1) and (2) are met, the court is obliged to decide if the offender has a criminal lifestyle. That designation allows the court to infer that the defendant’s wrongdoing is not confined to the conduct proved by the conviction currently before it. In substance, the court proceeds on the basis that the defendant has engaged in other criminal behaviour, leading up to the offence(s) of conviction, which has not been discovered or sanctioned. The criminal lifestyle regime in POCA 2002 takes the form of a statutory test used to decide whether the defendant is to be treated as having a criminal lifestyle, and it frames the assumptions the court may apply during the exercise. For detail on what...
FORTHCOMING CHANGE : The Sentencing Act 2026, which obtained Royal Assent on 22 January 2026, delivers extensive updates to the Sentencing Code. It brings in new sentencing powers, including fresh financial orders, widens the scope and conditions of community orders and suspended sentence orders, and makes notable revisions to bail and overarching sentencing principles. The Act also reforms aspects of release, recall, post-sentence supervision, and the deportation framework for foreign criminals. Certain provisions are set to come into force on 22 March 2026, with others to be commenced on a staged basis by regulations. This content will be updated as the relevant provisions take effect. For more information, see: LNB News 23/01/2026 5... Community orders—availability Community orders are provided for in sections 200–220 and Sch 9 of the Sentencing Act 2020 ( SA 2020), also referred to as the Sentencing Code. Within the...
ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the...
This Practice Note sets out details of the two case management platforms currently employed within the criminal justice system— Common Platform and the Crown Court Digital Case System (often called DCS). It outlines how to create accounts for both services and how each can assist in organising and advancing cases through the courts, as well as their practical court uses. HM Courts and Tribunals Service ( HMCTS) has produced a suite of user guides for court users on operating Common Platform and DCS, which are cited and linked throughout this Practice Note. What is Common Platform? Common Platform is a digital tool for handling criminal cases. Launched in 2016, its purpose was to modernise the criminal justice system and ease court backlogs. Since August 2023, it has been used across all criminal courts in England and Wales. It was first envisaged as the single case...
The Control of Major Accident Hazards Regulations 2015 ( COMAH 2015), SI 2015/483, seeks to avert major workplace accidents and establish controls so that, if an incident does occur, the consequences for people and the environment are limited. COMAH 2015 operates by defining core duties for all obligated sites/businesses and also sets a tiered regime, imposing tighter controls on businesses handling dangerous substances above stated thresholds. The Health and Safety Executive ( HSE) issues guidance on applying the COMAH regime, and operators are urged to follow it, and to review and update, where necessary, risk assessments and emergency arrangements under COMAH. This supports ongoing compliance and risk reduction. Legislative framework COMAH 2015 received Royal Assent in March 2015 and came into force on 1 June 2015. COMAH 2015 implemented the requirements of Directive 2012/18/ EU of the European Parliament and of the Council of 4 July 2012 on the...
What is the CMA? From 1 April 2014, the Competition and Markets Authority ( CMA) assumed many duties formerly carried out by the Competition Commission and the Office of Fair Trading. As an independent government department, it works to keep markets fair for both businesses and consumers, promoting competition by probing anti-competitive behaviour such as price-fixing and unfair trading practices. Scrutinising mergers that could lessen competition Undertaking market studies and investigations where competition or consumer issues may arise Examining suspected breaches of UK bans on anti-competitive agreements and abuses of dominance Bringing criminal cases against individuals who commit the cartel offence Enforcing consumer protection laws to address practices and market conditions that hinder consumer choice Co-operating with sector regulators and encouraging the use of their competition powers Considering regulatory references and appeals Dealing with digital markets and the...
The Building Act 1984 ( BA 1984) authorises the Secretary of State and the Welsh Ministers to make Building Regulations for a range of purposes, including protecting the health and safety of people in or around buildings. It creates criminal liability for contraventions of those regulations and confers enforcement powers on local authorities. This Practice Note outlines guidance on the enforcement of Building Regulations. See Practice Note: Obtaining building regulations approval for guidance on when approval is required and how Building Regulations approval is secured. General power of local authorities to enforce Building Regulations and exemptions from enforcement BA 1984, s 91(2) states that enforcing the Building Regulations within their area is a function of local authorities. This is subject to situations where BA 1984, ss 91ZA or 91ZB provide that the Building Safety Regulator ( BSR) is the building control...
Corporate Crime Brexit Q& As [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. The following Q& As explore some of the principal implications of Brexit that may interest Corporate Crime practitioners. In the Brexit context, what is meant by the ‘transition or implementation period’?— This Q& A explains how the term is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ( Withdrawal Agreement) to denote the time-limited phase during which transitional measures apply. What is the UK Conformity Assessed product mark and what does it mean for manufacturers selling products in the UK and the EU after Brexit?— This Q& A describes the rules governing the UK’s new UKCA marking, which will be required for certain goods placed on the UK market in the...
Lawful arrest—human rights Liberty is a core guarantee under the Human Rights Act 1998 ( HRA 1998), which incorporates the rights set out in the European Convention on Human Rights ( ECHR) (refer to Practice Note: An introduction to the Human Rights Act 1998). Exercising the power to arrest constitutes a serious encroachment upon that liberty. Where a person is detained unlawfully, it is a trespass to the person and constitutes false imprisonment. Whether an arrest is lawful depends on stringent statutory requirements. Lawful arrest—the test The governing test is one of necessity and has two limbs: involvement, or suspected involvement, of the person in the commission of a criminal offence, and reasonable grounds to believe that arrest is necessary Reasonable belief Under section 24(1)(c) and (d) of the Police and Criminal Evidence Act 1984 ( PACE 1984), a constable may arrest, without a warrant, any individual whom they have...
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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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