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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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This Practice Note addresses common assault or battery committed against emergency workers. It considers the elements of the offence, identifies who qualifies as an emergency worker, explains the meaning of acting in the exercise of functions as an emergency worker, outlines statutory aggravating features, notes alternative charges, highlights the racially or religiously aggravated variant of offence, and provides information on sentencing. The offence of assault on an emergency worker Section 1 of the Assaults on Emergency Workers ( Offences) Act 2018 ( AEW( O) A 2018) creates the offence of committing a common assault or battery on an emergency worker acting in the exercise of functions as such a worker. The offence is triable either way......
Lawful powers to take and keep property (subject to legal professional privilege) after searching premises may arise in several ways, such as: pursuant to a warrant under section 8 of the Police and Criminal Evidence Act 1984 ( PACE 1984) without a warrant, on or following arrest, under PACE 1984, ss 18 and 32 via the general power of seizure in PACE 1984, s 19 by removing property for retention and sifting at another location under section 50 of the Criminal Justice and Police Act 2001 ( CJPA 2001), and with the owner’s consent Seizure under a warrant authority If investigators hold a warrant granted under PACE 1984, s 8 or Sch 1, they should rely on the warrant’s seizure powers because they are straightforward, swift and efficient. They may take possession of any documents (subject to legal...
This Practice Note outlines the provisions of the Domestic Violence Disclosure Scheme (commonly known as Clare’s Law). It explains the guidance governing the scheme. It also summarises the powers available to the police and the court under the Crime and Security Act 2010 regarding domestic violence protection notices and domestic violence protection orders, and the way these are influenced by the domestic abuse protection notices and domestic abuse protection orders created by the Domestic Abuse Act 2021 ( DAA 2021). Domestic Violence Disclosure Scheme The Domestic Violence Disclosure Scheme ( DVDS), often referred to as Clare’s Law, was implemented across all 43 police forces in England and Wales on 8 March 2014. The DVDS established processes enabling the police to share information about an individual’s previous violent or abusive offending, including emotional abuse, controlling or coercive behaviour, or economic abuse, where doing so may help...
This Practice Note examines the care worker offences introduced by sections 20 and 21 of the Criminal Justice and Courts Act 2015 ( CJCA 2015). These offences have applied since 13 April 2015. Prevention of ill-treatment or neglect regime CJCA 2015 added two offences to the suite of mechanisms aimed at safeguarding vulnerable people from wilful neglect and ill-treatment by those, whether individuals or organisations, responsible for their care. The other principal measures are: section 1 of the Children and Young Persons Act 1933 ( CYPA 1933) section 127 of the Mental Health Act 1983 ( Me HA 1983) section 44 of the Mental Capacity Act 2005 ( MCA 2005) CYPA 1933, s 1 safeguards children and young persons from neglect or ill-treatment by any person with ‘responsibility’ for them, chiefly parents. Me HA 1983, s 127 makes it an offence for hospital and care home...
This Practice Note addresses the common law gateways for admitting hearsay in criminal cases that are expressly retained by section 118(1) of the Criminal Justice Act 2003 ( CJA 2003). The framework on hearsay is contained in the CJA 2003. For additional guidance, see the Practice Note: Admissibility of hearsay evidence in criminal proceedings. Notwithstanding the statutory scheme, CJA 2003, s 118 preserves several traditional exceptions to the hearsay rule... Preserved categories of admissibility The common law exceptions maintained by section 118 are: public information reputation as to character reputation and family tradition res gestae confessions admissions by agents common enterprise expert evidence No notice is required to rely on hearsay that is admissible under any of these common law exceptions pursuant to the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 20......
Under the Regulatory Enforcement and Sanctions Act 2008, regulators were enabled to address offences through civil sanctions rather than prosecution. From 2010, the Environment Agency ( EA) and Natural England ( NE) received powers covering various environmental offences. In 2015, the regime widened as the EA gained authority to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157, applies in England, while the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821, applies in Wales. Schedule 5 to each instrument sets out the sanctions available for particular offences. For instance, stop notices can be used for offences under section 33(6) of the Environmental Protection Act 1990 (waste offences), but not for those under s 71(3) (information offences). The EA first exercised these powers in 2011, with NE following in 2012. Since 2013, the Natural...
This Practice Note outlines the procedure for the civil recovery of property situated outside the UK under the Proceeds of Crime Act 2002 ( POCA 2002), setting out when a civil recovery order may be made for assets located abroad and when requests for assistance or evidence can be sent by the Secretary of State to foreign governments. Civil recovery of property abroad under POCA 2002 A civil recovery order under Chapter 2 of POCA 2002, Pt 5 can only be made in relation to property outside the UK (or outside the relevant part of the UK) where there is, or has been, a connection between the case and the relevant part of the UK. For orders issued by the High Court, the relevant part of the UK is England and Wales. A connection between the case and the relevant part of the UK exists...
Introduction to cash seizure powers under POCA 2002 Part 5, Chapter 3 of the Proceeds of Crime Act 2002 ( POCA 2002) sets out the regime for recovering cash through summary proceedings in England and Wales, together with the attendant powers to search for, seize and forfeit cash. Although applications for cash seizure and forfeiture are determined in the magistrates’ courts, the process is civil rather than criminal. Consequently, the applicants must establish their case on the civil standard of proof—the balance of probabilities—instead of the criminal standard of proof. Further, unlike criminal proceedings, the emphasis falls upon the property itself, not on the blameworthiness of the person in possession or its holder. In this way, the proceedings target assets rather than individuals. Complementary provisions, mirroring the cash seizure and forfeiture framework, exist for the recovery of listed assets such as precious metals and jewels ( POCA...
Assistance to overseas authorities in civil recovery proceedings Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002) establishes a civil route, via court proceedings, for the freezing and divestment of the proceeds of crime. In tandem, POCA 2002, Pt 11 and the Proceeds of Crime Act 2002 ( External Requests and Orders) Order 2005 ( SI 2005/3181, the 2005 Order) create a comprehensive framework through which the UK may assist, upon request, an overseas authority, closely aligning with the UK’s domestic arrangements in both substance and practice. This regime permits UK enforcement authorities to take steps to enforce, or to act in support of, an overseas court order—described in statute as ‘giving effect to external orders by means of civil recovery’—and to take measures antecedent to overseas proceedings—‘giving effect to external requests by means of civil...
This Practice Note compares the key characteristics of pursuing a fraud claim either by way of a civil claim or a private criminal prosecution, including identifying the contrasts between the two procedures. It contrasts civil proceedings with a privately brought criminal case for fraud and addresses: jurisdiction limitation publicity and media interest control of the litigation and decision making the duration of the proceedings the choice of charges (criminal) or heads of claim (civil) the standard of proof investigation and evidence gathering pre-action considerations the preservation of assets using urgent and interim orders the privilege against self-incrimination (right to silence) disclosure during the proceedings defences and counterclaims costs non-financial and financial outcomes (prison sentences, damages, confiscation and compensation) enforcement A concise reference for...
Complaint proceedings underpin the civil jurisdiction of magistrates’ courts. They are adversarial and, at their inception, were almost indistinguishable from criminal cases, commonly started by an information. Criminal procedure has been revised repeatedly over the years, whereas civil procedure has altered far less. Even so, the kinship means many rules on informations still bear on complaints. enforcement of civil financial liabilities, including council tax, rates and child maintenance appeals against decisions of other bodies, for example licensing decisions or certain decisions of public authorities or regulators police forces seeking civil behaviour orders, such as sexual harm prevention orders, football banning orders and domestic violence protection orders/domestic abuse prevention orders The basis of proceedings on complaint in the magistrates’ court Magistrates’ courts are statutory creations and hold no inherent jurisdiction. Proceedings for an order on complaint are governed by the statute that creates the order and by sections 51–64 of the...
Seized cash can be forfeited in two ways under the Proceeds of Crime Act 2002 ( POCA 2002): court-ordered forfeiture pursuant to POCA 2002, s 298 (by formal order of the court) administrative forfeiture pursuant to POCA 2002, s 297A (without any court order being required) For further details on forfeiture without a court order under POCA 2002, s 297A, see Practice Note: Forfeiture of cash without court order. This Practice Note sets out how to secure the forfeiture of cash under POCA 2002, s 298. For comprehensive guidance on the supporting powers for cash searches, seizure and detention, and operation, consult the following Practice Notes: Cash searches under the Proceeds of Crime Act 2002 Cash seizure and detention Distinct statutory frameworks apply to the forfeiture of monies in bank accounts and to personal property; see Practice Notes: Seizure and...
Child sexual offences are chiefly set out in sections 5–8 of the Sexual Offences Act 2003 ( SOA 2003). They include: sexual assault on a child under 13 ( SOA 2003, s 7) assault by penetration of a child under 13 ( SOA 2003, s 6) rape of a child under 13 ( SOA 2003, s 5) causing or encouraging a child under 13 to take part in sexual activity ( SOA 2003, s 8) These are examined in more depth below. The 'old' law and the 'new' law Earlier law is split into three eras, determined by the date of the alleged conduct: 1 January 1957 to 21 December 1976 are governed by section 1 of the Sexual Offences Act 1956 ( SOA 1956). Consolidated statutes, amended by the Sexual Offences Act 1967, in relation to homosexual acts 22...
Contributions to charities or political causes may elevate exposure to bribery and corruption risks in practice. In some circumstances, such payments may amount to, or be perceived as, concealed bribes. This Practice Note explains what constitutes charitable and political donations, the associated risks, and measures to reduce those risks. Charitable donations A charitable donation is a voluntary gift from a person or business to a charity or other not-for-profit organisation. This may involve providing money, facilities, equipment, staff time, or another benefit to a charity, or to an individual or body designated by, or linked to, that charity, for instance. Although commonly discussed together (as here), charitable donations are usually quite distinct in nature from political donations. The majority of charities are unconnected with politics and hold no decision-making authority or sway over procurement choices; accordingly, the likelihood that a charitable gift is corrupt, or viewed as...
Jurisdiction of the First-tier Tribunal to hear challenges to food law decisions The First-tier Tribunal ( General Regulatory Chamber) is the appointed forum for appeals concerning food labelling matters and food improvement notices issued by the following bodies: the Food Standards Agency ( FSA) the Department for Environment, Food and Rural Affairs ( Defra) the Local Authority Trading Standards Departments Only particular food-related regulatory decisions fall squarely within the First-tier Tribunal’s remit. Other disputes must be pursued by appealing to the magistrates’ courts in the alternative. The governing statutory provisions specify whether an appeal is to the First-tier Tribunal or to the magistrates’ court in each case. The Tribunal hears appeals against the following decisions taken by these regulators: decisions under the Fish Labelling Regulations 2013, SI 2013/1768 decisions under the Fruit Juices and Fruit Nectars ( England) Regulations 2013, SI...
FORTHCOMING CHANGE: As at July 2025, the CQC is actively reviewing its inspection and assessment framework, exploring amendments to make evaluation of each service type more effective. While the eventual model is not yet known, for the present the ‘ Single Assessment Framework’ continues to operate, with scoring adjustments in place. These revisions relate specifically to scoring arrangements. Under the current hybrid approach, evidence categories are no longer scored; instead, only quality statements receive ratings. ( See: CQC scoring approach). This Practice Note outlines the role, powers and functions of the . What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, which regulates health and social care services in England, and protects the interests of people whose rights are restricted under the Mental Health Act 1983 ( Me HA 1983). The CQC’s legal...
CQC prosecutions tracker This Practice Note outlines key prosecutions for health and social care offences brought in England by the Care Quality Commission ( CQC) since 2015. Designed as a tracker, it helps practitioners review the types of sentences being handed down for breaches of health and social care law. For material on the CQC’s remit, powers and functions, refer to Practice Notes: Care Quality Commission ( CQC) and Care Quality Commission—inspections and reviews. Under the Health and Social Care Act 2008 ( HSCA 2008), the CQC is the principal enforcement body for matters of safety and the quality of treatment and care involving any health or adult social care provider registered with the CQC. Bringing criminal proceedings is only one tool within the CQC’s wider suite of enforcement powers; for further detail on that range of powers, see Practice Note: Care Quality...
FORTHCOMING CHANGE: As at the end of May 2025, the CQC is re-evaluating its inspection and assessment framework, exploring how it might be refined to better judge each category of service. The future format is not yet confirmed; nevertheless, for now the ‘ Single Assessment Framework’ remains in place, at present, with changes focused on the scoring approach. Evidence categories are no longer awarded scores; instead, only the quality statements are rated, a model referred to as the hybrid approach. CQC plans to run a consultation on updates to the Single Assessment Framework in Autumn 2025, with a view to bringing in revisions during 2026. It is expected that the quality statements could be streamlined (there are currently 34), and that CQC will add certain rating characteristics to support greater consistency. Such rating characteristics existed before the Single Assessment Framework was...
Bribery Act 2010—territorial application The Bribery Act 2010 ( BA 2010) permits a selection of forum where elements of an offence arise within one or more parts of the UK and/or where the unlawful conduct occurs outside the UK, although in some instances this hinges on a close UK nexus. For further detail, see Practice Note: Jurisdiction in respect of allegations of bribery. In outline, the territorial reach for prosecuting offences is defined by BA 2010, s 12. Alleged offences under BA 2010, ss 1, 2 and 6 are to be tried in England and Wales, Scotland, or Northern Ireland, according to whether any act or omission constituting a component of the offence takes place in that jurisdiction ( BA 2010, s 12(1)). Where the bribery happens overseas and no act or omission occurs within the UK, but the individual who performed the bribe is...
This Practice Note outlines the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 ( BA 2010). It was the first economic crime offence to attach culpability to a company’s failure to stop an offence carried out on its behalf. See Practice Note: Corporate criminal liability. For background on the evolution of corporate criminal liability, see Practice Note: Corporate criminal liability reform—tracker. Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 The failing to prevent bribery offence applies only to relevant commercial organisations ( RCOs), not to individuals. BA 2010 defines RCOs as: bodies incorporated, or partnerships formed, under the law of any part of the UK, that conduct business anywhere, i.e. within the UK or abroad bodies incorporated, or partnerships formed, anywhere that carry on any business in the UK Business includes a trade or...
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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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