Legal Practice Notes

Section 345 of the Sentencing Act 2020 ( SA 2020) authorises the court to impose sexual harm prevention orders ( SHPOs) when dealing with a defendant on conviction for specified categories of offences. The regime in sections 103A–103K of the Sexual Offences Act 2003 ( SOA 2003) regulates SHPOs made other than on conviction, namely where: a court returns a verdict of not guilty of a specified sexual or violent offence by reason of insanity a court decides the defendant is under a disability and has carried out the act charged in relation to such an offence, or the police apply in respect of a qualifying offender who presents a risk to the public This Practice Note is principally concerned with SHPOs ordered as part of the sentencing exercise following conviction. For details on sexual risk orders ( SROs), which do not form part of...

The offence of theft and mode of trial Theft is an either-way offence, capable of being heard in the magistrates’ court or in the Crown Court. By contrast, minor shoplifting as defined by section 22A of the Magistrates’ Courts Act 1980 ( MCA 1980)—where the goods taken are worth no more than £200—is prosecuted only summarily. If several such shop theft counts are laid together and, when combined, the value exceeds £200, the conduct no longer falls within ‘low-level’ for MCA 1980, s 22A, and becomes triable either way. In Candlish, the Administrative Court ruled that allegations of ‘low value’ shop theft should not be treated as self-contained summary matters, regardless of their cumulative value, until the plea and allocation stage. Relying on Harvey, the court in Candlish further held that the expression ‘charged on the same occasion’ in MCA 1980, s...

Under section 7 of the Health and Safety at Work etc Act 1974 ( HSWA 1974), every worker has a duty, while at work, to exercise reasonable care for their own health and safety and that of others who might be impacted by what they do or fail to do. Where the law places obligations on an employer to protect health and safety, employees must co-operate with their employer so the employer can fulfil those statutory responsibilities. For guidance on employers’ duties to safeguard the health, safety and welfare of staff and third parties, see Practice Notes: Safety and the risk to safety under the Health and Safety at Work Act 1974, Failure to carry out health and safety duties under HSWA 1974—offences, Directors’ duties for health and safety and Health and safety law and the...

Sending of cases forthwith to the Crown Court for trial An adult defendant must be sent without delay to the Crown Court in the following circumstances: indictable only offences specified either way offences, eg serious or complex fraud, certain matters involving children, or where there is a linked indictable only offence and the same or another defendant is being sent to the Crown Court (see below, Either-way offences) Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 9.7 sets out how a case is to be sent to the Crown Court for trial (covering both indictable only and either way offences). In particular: if the defendant is present, the court must read and explain the allegation to the defendant, state the reason the case must be sent to the Crown Court, and provide information regarding any reporting...

This Practice Note outlines how appeals operate in UK extradition matters under the Extradition Act 2003 ( EA 2003). For more on extradition proceedings, see Practice Notes: Extradition and the statutory framework—an introduction to extradition Extradition—arrest and initial procedure Arrest without a warrant under Part 2 of the Extradition Act 2003 Secretary of State’s function in extradition Extradition hearings Statutory bars to extradition Non-statutory bars to extradition For the implications of Brexit on arrangements between the UK and EU, see Practice Note: Extradition and the statutory framework—an introduction to extradition— Extradition to the EU post- Brexit. The procedural rules for extradition appeals are set out in section 3 of Part 50 of the Crim PR 2025, SI 2025/909, rr 50.17–50.31, and are supplemented by the Criminal Practice Directions ( CPD) at paras 12.3–12.7. Right to appeal All extradition cases are first heard at Westminster Magistrates’ Court. Appeals lie to the High Court and may be...

The most frequent delicts arising in property disputes are negligence, nuisance and trespass; see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—negligence and trespass. Nuisance describes any use of land that interferes with a neighbour’s enjoyment of their property. Situations where a nuisance remedy may apply include uses that: generate offensive smells or odours produce noise cause flooding to a neighbour’s property In Scotland, nuisance is classified as either common law or statutory nuisance. Common law nuisance—invasion of interest in the use and enjoyment of private land At common law, nuisance is broadly characterised as ‘an invasion of an interest in land’. Liability is assessed by the ‘reasonable tolerability’ test, which is context‑dependent and may vary with factors such as locality, impact, frequency, and the utility of the conduct in question; see The nature of the test for determining liability for...

This Practice Note presents an overview of the offence of insider dealing as defined by Assimilated Regulation ( EU) 596/2014 ( UK Market Abuse Regulation). The insider dealing offence in Article 14 of the UK Market Abuse Regulation sits alongside the criminal insider dealing offence in section 52 of the Criminal Justice Act 1993, as well as the criminal offences of making misleading statements and misleading impressions under sections 89 to 91 of the Financial Services Act 2012. Background and purpose The EU Market Abuse Regulation 596/2014 took effect throughout the EU on 3 July 2016. Its stated aim was to create a common regulatory framework addressing insider dealing, the unlawful disclosure of inside information and market manipulation (all forms of market abuse), together with measures to prevent market abuse so as to uphold the integrity of financial markets in the EU and to bolster...

This Practice Note outlines how the Scottish criminal courts sentence health and safety offences. For guidance on the sentencing of health and safety offences in England and Wales, see Practice Notes: Sentencing organisations for health and safety offences and Sentencing individuals for health and safety offences. See also Practice Note: Health and safety fines over £1 million—tracker, which summarises UK prosecutions for health and safety offences that resulted in fines exceeding £1m being imposed. Objectives of sentencing and punishment The over-riding aims in such cases are: to secure a safe environment for the public to impose punishment that sufficiently reinforces that message to the offender, and to deter would-be offenders Where the offender is a corporate body (or similar), the message should be evident not only to those managing the company, but also to those who own it as...

As a broad principle, hearsay does not qualify as admissible proof in Scottish criminal proceedings (see, for instance, Introduction: Stair Memorial Encyclopaedia [237]). Yet there are a number of recognised departures from that principle. The first and most straightforward exception in Scots Law permits hearsay to be led simply to demonstrate that a statement occurred (commonly termed primary hearsay). Such material, however, is not receivable as proof at trial of the truth of what was asserted (secondary hearsay). For further detail, see Introduction: Stair Memorial Encyclopaedia [237]. Accordingly, parties may adduce evidence to establish that words were spoken, which may bear upon a person’s knowledge or serve to account for later conduct; nevertheless, that evidence cannot establish that the content of the utterance was true and accurate. This Practice Note addresses the other main exception to the hearsay prohibition: statements made by the accused...

Section 1 of the Public Order Act 1986 ( POA 1986) establishes the offence of riot. It is prosecutable only on indictment before the Crown Court. Proceedings for riot, or for inciting riot, may begin solely by, or with the approval of, the Director of Public Prosecutions. Elements of the offence of riot Under POA 1986, s 1, the prosecution must show that: twelve or more individuals were together at the time used, or threatened to use, unlawful violence for a shared aim, and the behaviour was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and each defendant engaged in unlawful violence, and intended that such violence advance the common purpose, or was aware their conduct might be violent Unlawful violence ‘ Violence’ in the POA 1986 is defined to encompass any violent conduct. The definition expressly includes violence against property as well as...

This Practice Note sets out the meaning of a confession under the Police and Criminal Evidence Act 1984 ( PACE 1984) and the means available to control the admissibility of confession evidence in a criminal trial. It also addresses the procedures for excluding a confession pursuant to PACE 1984, ss 76 and 78. What is a confession? A confession is broadly defined in PACE 1984, s 8(2) as any statement that is wholly or partly adverse to the person who made it. There is no need for the confession to be made to a figure in authority, such as a police officer, and PACE 1984, s 82(1) states that the 'statement' may be made by 'words or otherwise'. This means a confession may be oral or in writing and may encompass conduct, including a nod of acceptance. The courts have decided that, to amount to a...

Exceptions under the CJA 2003 The reception of hearsay evidence is governed by the Criminal Justice Act 2003 ( CJA 2003). See Practice Note: Admissibility of hearsay evidence. The CJA 2003 expressly retains the common law exceptions to the hearsay rule for specified categories of proof. The preserved common law exceptions are: public information evidence of reputation res gestae (e.g. statements linked to the facts in issue that are an integral part of the events) confessions admissions by agents statements in furtherance of a common enterprise expert evidence See Practice Note: Admissibility of hearsay—preserved common law exceptions. The CJA 2003 also allows the admission of a previous inconsistent statement, i.e. a statement made by a witness before giving evidence that conflicts with their testimony at trial. Moreover, the Act makes express provision for other earlier statements by witnesses, e.g. statements used to rebut an allegation of recent...

Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...

This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....

This Practice Note outlines the key legal and practical considerations for rights owners and their advisers when deciding whether to pursue a private prosecution for counterfeiting or piracy. It also examines the advantages of criminal action, the categories of offences and potential hazards, and sets out an overview of the principal phases of a prosecution together with the pertinent legal and procedural issues that might arise in practice. This Practice Note focuses on England and Wales; rules differ slightly in Scotland and Northern Ireland. Why prosecute? Certain infringements are treated as criminal offences under the Trade Marks Act 1994 ( TMA 1994), the Copyright, Designs and Patents Act 1988 ( CDPA 1988) and the Registered Designs Act 1949 ( RDA 1949). Proceedings for these offences may, from time to time, be instituted by a range of bodies (eg the Crown Prosecution Service ( CPS) and...

Where conduct carries a stronger public policy dimension—such as dealing in counterfeit goods or acts of piracy—it is open to pursue criminal proceedings alongside civil action as well. Typically, infringements reaching the criminal threshold are systematic, repeated operations deliberately designed to produce revenue through the infringing behaviour. There is, moreover, a clear rationale for treating these matters as criminal, as those engaged may divert the proceeds to finance other, more serious forms of organised crime. Even so, in practice, copyright owners tend to prefer civil routes rather than criminal prosecution, in no small part because the criminal standard of proof presents a greater obstacle for the prosecution in criminal cases; note, however, that if a permitted act is invoked by way of defence, the defendant carries a balance of probabilities burden. For criminal allegations, the owner must also establish knowledge or reason to...

The Pensions Regulator ( TPR) operates two enforcement strategies: one enforcement strategy detailing how TPR undertakes enforcement across its functions other than automatic enrolment, and a distinct compliance and enforcement strategy aimed at employers with automatic enrolment obligations. Together, these describe the outcomes TPR pursues and the means to deliver them, all to strengthen safety and security for pension savers. TPR also maintains a prosecution policy setting out how it will deal with criminal offences linked to occupational pensions. The enforcement and prosecution policies sit beneath its TPR scheme management enforcement policy, which states the overarching aims of its enforcement activity and offers insight into the framework TPR applies when choosing cases for enforcement action. In November 2024, TPR stated that the swift expansion in the scale of occupational pension schemes meant members should be protected from systemic risk through a more...

What is share ramping? Share ramping is an unlawful type of market manipulation that involves hyping the value of shares to deceive the market. It is often referred to as ‘pump and dump’ or ‘book ramping’. There are various methods, the most common being to float a company on the market while planting unrealistic expectations about its profitability. Another tactic is to acquire shares when prices are depressed and then circulate a rumour that a takeover is imminent. As the price climbs, the perpetrators sell and pocket the gain. The internet, chat rooms, emails and other channels are exploited to create buzz or apparent interest in the market, pushing the price higher. Typically, those behind the scheme then dump or off-load their holdings for profit, leaving ordinary investors holding worthless shares. At times the objective is the...

Trade sanctions Trade sanctions place restrictions on the following: the import, export, transfer, movement, supply, and procurement of goods and technology the delivery and sourcing of services connected to goods and technology the supply and obtaining of specified non-financial services This Practice Note outlines exceptions and licences permitting activities otherwise prohibited by trade sanctions. For general guidance on trade sanctions, see Practice Notes: Understanding the UK trade sanctions regime; Trade sanctions—offences; and The enforcement of trade sanctions breaches in the UK. This Practice Note concerns trade sanctions only. For information on licences and exemptions in financial sanctions, see Practice Note: Licences and exemptions in financial sanctions. For background on the UK’s domestic sanctions framework, governed by the Sanctions and Anti-money Laundering Act 2018 ( SAMLA 2018) and regulations made under it, see Practice Notes: The UK sanctions framework under SAMLA 2018 and...

This Practice Note explains who may face prosecution under the General Product Safety Regulations 2005, SI 2005/1803 ( GPSR 2005). It further outlines, in particular, the statutory due diligence defence, sets out in detail the applicable limitation periods for instituting proceedings, and summarises the sanctions available on conviction for these offences. For guidance on the duties placed on producers and distributors by the GPSR 2005, SI 2005/1803, see Practice Note: General Product Safety Regulations 2005— Offences. For material on how the GPSR 2005, SI 2005/1803 are enforced, see Practice Note: Enforcement of the General Product Safety Regulations 2005. Time limit for bringing prosecutions under the General Product Safety Regulations 2005 Under the GPSR 2005, SI 2005/1803, any prosecution must be commenced within three years of the commission of the offence (ie a breach of the general safety requirement, etc), or within 12 months of the...