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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 archived Practice Note offers background detail on reforms to criminal procedure that took effect on 7 October 2013 under the Criminal Procedure Rules 2013, SI 2013/1554. Those regulations have since been revoked. The operative rules on criminal procedure are now set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 7 October 2013, is not maintained, and is provided for background information only. Summary of changes to the Crim PR The Criminal Procedure Rules 2013 ( Crim PR 2013) introduced new provisions concerning the following: applications for search warrants, set out in Part 6 of the Criminal Procedure Rules applications and appeals under new legislation governing the retention of fingerprints and DNA samples and profiles ( Part 6) the dismissal of charges sent for...
ARCHIVED This archived Practice Note provides background on the changes to criminal procedure that took effect on 4 April 2016. The Criminal Procedure Rules 2015, SI 2015/1490 have subsequently been amended on numerous occasions. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 4 April 2016 and is not maintained. It is for background information only. The Criminal Procedure Rules received their annual consolidation in the Criminal Procedure Rules 2015, SI 2015/1490 ( Crim PR), and set out the rules and procedures relating to the conduct of criminal litigation in England and Wales. On 4 April 2016, the Crim PR will be updated to include a number of new rules and to amend certain existing rules in accordance with the Criminal Procedure ( Amendment) Rules 2016, SI 2016/120. This Practice Note highlights the key additions and...
This archived tracker collates key developments, legislation, official guidance and briefing notes on the coronavirus ( COVID-19) response, prioritising updates pertinent to local government up to the end of formal legal restrictions on 18 July 2021. Topics are presented alphabetically to reflect the local government homepage, and it notes legislation and guidance applying to local authorities during the COVID-19 outbreak. Jump to: Highlights Brexit timeline—impact of Coronavirus ( COVID-19) Coronavirus ( COVID-19)—children’s social care tracker [ Archived]; education tracker [ Archived]; governance tracker [ Archived]; healthcare tracker [ Archived]; highways tracker; judicial review tracker; licensing tracker [ Archived]; public procurement tracker [ Archived]; social care tracker [ Archived]; social housing tracker [...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect in April 2013 under the Criminal Procedure ( Amendment) Rules 2012, SI 2012/3089. Those regulations have since been formally revoked. The rules now governing criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as subsequently amended. Also see Practice Note: The Criminal Procedure Rules. This Practice Note records the law as at 1 April 2013 and is no longer actively updated. It is provided purely for background purposes only. Changes from 1 April 2013 The amending SI 2012/3089 captures developments in legislation, case law and procedure. The duty in section 69 of the Courts Act 2003 requires the Rules Committee to produce Criminal Procedure rules that are both straightforward and plainly stated. A summary of these revisions is set out below......
ARCHIVED: This Practice Note has been archived and is not maintained. It outlines the principal revisions to the Criminal Procedure Rules 2020 ( Crim PR), SI 2020/759 introduced by the Criminal Procedure ( Amendment) Rules 2023, SI 2023/44, effective from 3 April 2023. The amendments add provisions on pre-charge bail to reflect changes made by the Police, Crime, Sentencing and Courts Act 2022 ( PCSCA 2022), and refresh rules on: service of documents on court officers, requests for information from the court about ongoing cases, time limits for commencing proceedings, applications to withdraw witness summonses. Overall, the majority of changes aim to make the Crim PR simpler and clearer. Pre-charge bail Crim PR, SI 2020/759, rr 14.18 and 14.19 are revised to align with amendments to the Police and Criminal Evidence Act 1984 ( PACE 1984) made by the PCSCA 2022...
Practice Note There are several routes to start criminal proceedings in England and Wales, including: charging at the police station after arrest issuing a written charge with a requisition serving a written charge together with a single justice procedure notice applying for a summons These examples represent common mechanisms, among others, for starting a case. The Note deals exclusively with applications for arrest warrants to begin proceedings in practice. This Practice Note focuses on a less common route: seeking an arrest warrant to commence proceedings. Prosecutors use this to ensure the accused attends court where a summons or requisition cannot be issued because the defendant’s address is unknown. It is also available to public prosecutors who are not authorised to issue a written charge under section 29 of the Criminal Justice Act 2003 ( CJA 2003), as well as to private...
The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) RESA 2008 gave regulators the ability to address offences through civil sanctions rather than prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) received these powers for a range of environmental offences. From 2015, the regime broadened as the EA could accept enforcement undertakings for environmental permitting breaches. 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 in each sets out the sanctions available for particular offences. The EA began exercising its powers in 2011, with NE following in 2012. Since 2013, the Natural Resources Body for Wales ( NRW) has been responsible for enforcing environmental civil sanctions in Wales. Civil sanctions are intended to make...
Assimilated Regulation ( EU) No 1169/2011 on the provision of food information to consumers (the Assimilated FIC) sets out the overarching principles, requirements and responsibilities for food information, and in particular food labelling, in the UK. The Food Information Regulations 2014 ( FIR 2014), SI 2014/1855, provide the national enforcement framework for England. For details of the obligations placed on food business operators under these rules, see Practice Note: Food information and food labelling law. Offences under the Food Information Regulations Under FIR 2014, SI 2014/1855, reg 10, a failure to comply with specified provisions of the Assimilated FIC and FIR 2014 amounts to an offence. No mens rea is set out for this offence, making it one of strict liability. The reg 10 offence sits alongside the powers of food authorities to enforce FIR 2014, SI...
From 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) annuls and supersedes the consumer protection regime set out in the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. This Practice Note examines the offence of pursuing a commercial practice that constitutes an aggressive practice under the DMCCA 2024. The provisions creating this offence under the DMCCA 2024 are, for the most part, equivalent to those in the CPUTR 2008, SI 2008/1277. For deeper analysis of unfair commercial practices under the DMCCA 2024, see News Analysis: The new law relating to unfair commercial practices. Note that the CPUTR 2008, SI 2008/1277 will continue to govern conduct that occurred before the DMCCA 2024 commenced. For background on the development of the DMCCA 2024 and a synopsis of the principal changes introduced by the Act, see...
Offence of the sale of aerosol paint to persons aged under 16 Selling an aerosol paint container to anyone under 16 constitutes an offence under section 54 of the Anti-social Behaviour Act 2003 ( ASBA 2003). For these purposes, an aerosol paint container is a device that: holds paint kept under pressure, and is intended to release the paint as a spray The purpose of this offence is to cut the occurrence of criminal damage linked to acts of graffiti. See Practice Note: Criminal damage. Defences to offence under ASBA 2003, s 54 It is a defence for a person charged under ASBA 2003, s 54 to prove: that they took all reasonable steps to verify the buyer's age, and that they believed the buyer was not under 16 Where the sale was carried out by another individual, it is also a defence to show that the...
What do you say to a client facing a custodial sentence? When clients face the prospect of imprisonment, they may feel overwhelmed or daunted. This Practice Note serves as a speaking aid for practitioners advising adult clients at risk of custody. It signposts relevant, detailed guidance and helps practitioners explain to their clients what will occur if a custodial term is handed down. It should also be made clear that receiving a custodial sentence does not automatically mean immediate imprisonment. In particular, where a term of 12 months or less is imposed, the court is required to consider a statutory presumption in favour of suspending that sentence (subject to certain exceptions). For more information, see Practice Note: Sentences imposed following conviction— Suspended sentence order. Fundamental principles Detailed guidance on general principles applicable to all sentencing exercises can be found in these Practice...
This Practice Note offers guidance for lawyers acting for whistleblowers in criminal investigations. For employment law aspects of whistleblowing, see: Whistleblowing—overview and, in particular, the Practice Notes: Entitlement to claim whistleblowing, Whistleblowing—protected disclosures, and Whistleblowing defences and exceptions. Advice on responding to a whistleblower when representing a company or organisation is set out in Practice Note: Dealing with a whistleblower in internal criminal investigations. To blow the whistle or not to blow the whistle? Employees who choose to speak up are protected under the Employment Rights Act 1996 ( ERA 1996) where the disclosure is a ‘protected disclosure’. For further detail on the statutory regime and what amounts to a ‘protected disclosure’, see Practice Note: Whistleblowing—protected disclosures. For those working in financial services, safeguards exist to ensure individuals raising ‘reportable concerns’ are not victimised. For more, see Practice Note:...
The Code for Crown Prosecutors explains that, when deciding whether to prosecute, alternatives should be weighed up. For adult offenders, the main alternatives are: cautions fixed penalty notices Simple cautions There are two forms of caution: the simple caution and the conditional caution. Both are issued by the police. Some other regulators are also able to give simple cautions, including local authorities, the Health and Safety Executive, and the Environment Agency. Simple cautions are aimed at low-level, first-time offending. Their use is controlled by section 17 of the Criminal Justice and Courts Act 2015 ( CJCA 2015), which applies to all offences, no matter when they occurred. The Ministry of Justice has released updated guidance on how simple cautions should be applied (see MOJ: Simple cautions for adult offenders). Practitioners should also have regard to the Director of Public...
This Practice Note considers the custodial options available for adult defendants. It outlines the framework for imposing life sentences under the Criminal Justice Act 2003 ( CJA 2003) where an offence attracts a maximum of life imprisonment. It also reviews the determinate custodial sentences available for adult offenders. Determinate sentences of imprisonment A standard determinate sentence is a fixed term of custody, in contrast to an indeterminate sentence, eg life imprisonment. Offenders serving indeterminate terms must complete a minimum period before the Parole Board can consider release. Section 237 of the CJA 2003 sets out how a court fixes a determinate custodial term for adult offenders. This is commonly known as a fixed-term sentence and is the most frequently imposed form of imprisonment. The duration of any such term is determined by reference to the statutory maximum available for the particular offence. Almost all...
Trial in absence Trying a defendant when they are not present is treated as a measure of last resort in both the magistrates’ court and the Crown Court. In R v Jones, the Court of Appeal held that the defendant’s Crown Court trial was not unfair and that, by his own conduct, he had relinquished his right to attend and to be represented at trial. In that matter, the defendant was missing from the outset. The court confirmed it retains a discretion to proceed in an accused’s absence, but warned that this discretion must be exercised with the utmost caution, with careful regard to the interests of justice and the overriding aim of securing a fair trial. Where a defendant is absent because of involuntary illness or incapacity, the court will seldom exercise that discretion to start the trial, unless the defendant has...
Stop Press: On 10 March 2026, the US Department of Justice ( DOJ) unveiled its first department-wide corporate enforcement and voluntary self-disclosure policy for criminal matters, intended to enhance consistency and fairness in pursuing white-collar offences. For further details, see: US Do J releases first department-wide corporate enforcement policy for criminal matters, LNB News 11/03/2026 57. This Practice Note is currently being updated to reflect the corporate enforcement policy. The US Foreign Corrupt Practices Act of 1977 ( FCPA) is a US federal statute that outlaws offering, paying, or promising money or anything of value to a foreign official with the objective of obtaining or retaining business. The UK Bribery Act 2010 ( BA 2010) (together with earlier UK legislation on bribery and corruption) is viewed as the FCPA’s closest counterpart. Although the regimes share certain features, there are significant...
This Practice Note examines the aims and the procedure relevant to confiscation under the Proceeds of Crime Act 2002 ( POCA 2002). Purpose of confiscation under POCA 2002 A confiscation order strips a defendant of the benefit obtained from their criminal conduct. The order does not, of itself, seize any asset; instead, it obliges the offender to pay a sum of money equal to the value of the benefit received. Accordingly, it is characterised as an order in personam, rather than in rem (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002— Making the order). Confiscation orders therefore do not interfere with property rights, nor with the specific property identified when assessing the order (see eg: Faichney v Vantis HR Ltd, discussed in News Analysis: Clash between asset recovery and third-party proprietary rights ( Faichney and another v Vantis HR Ltd and...
This Practice Note outlines the UK’s financial and trade sanctions framework created by the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). Introduced to provide a resilient domestic system after Brexit, it allows the UK to impose a comprehensive range of sanctions to meet UN sanctions obligations, including: financial sanctions director disqualification sanctions immigration sanctions trade sanctions aircraft sanctions shipping sanctions other sanctions What is the background to the UK’s domestic sanctions regime? ‘ Sanctions’ describes a set of tools intended to create adverse effects for foreign states or designated persons (individuals or corporate entities) for specified aims—most often foreign policy, and sometimes counter-terrorism. These measures place prohibitions and obligations not only on the targets themselves, but also on third parties who trade with, or otherwise deal with, them. For detailed guidance, see Practice Note:...
Time limits for bringing a judicial review claim On receipt of a judicial review claim form, a public body should first carefully assess whether it has in fact been brought within time. For more detailed guidance, see Practice Note: Judicial review—time limits and the pre-action protocol. Different time limits apply for particular categories of judicial review claim: Challenges to an Upper Tribunal decision must be filed within 16 days of the Tribunal’s decision notice being sent Public procurement claims must be issued within 30 days of when a claimant knew, or ought to have known, of the alleged breach of the public procurement rules The Administrative Court Judicial Review Guide, para 6.4.3.3, states: ‘ Where the claim concerns a decision under [ PA 2023], it must be commenced within the period specified by [ PA 2023, s 106]: 30 days from the date when the claimant first knew or ought to...
General rule on costs in judicial review The default position on costs in judicial review, as in other litigation, is that costs follow the event. That said, parties may apply for pre-emptive costs orders. The costs of, and incidental to, all proceedings in the High Court are within the court’s discretion. By statute, the High Court has discretion to award costs on a judicial review application. Taking into account every relevant circumstance, including the overriding objective, the court may make a costs decision that departs from the default rule. The scope of the court’s discretion includes: whether one party must pay another’s costs the quantum of those costs the timing of payment Ordinarily, costs follow the event unless, on the particular facts, the court considers that a different order on costs, such as a pre-emptive costs order, should be made, for example to enable the claimant to continue the case. An...
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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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