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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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Practice Note The unanticipated arrival of the Competition and Markets Authority ( CMA) — or another sector regulator — to execute a dawn raid is rarely welcome for any organisation and its officers or employees. This Practice Note sets out an outline of the CMA’s inspection powers, including unannounced visits, addressing: the CMA’s authority to carry out dawn raids the CMA’s ability to conduct interviews the boundaries on these powers (for example, legal privilege and protection against self-incrimination) practical pointers, including how to contest a warrant Specifically, the Note examines powers linked to civil investigations (undertaken under the Competition Act 1998 and strengthened by the Digital Markets, Competition and Consumers Act 2024 ( DMCC Act 2024)) and to criminal investigations into the cartel offence (as provided in Part 6 of the Enterprise Act 2002 ( EA 2002)). It also notes that the CMA’s civil powers under Part 1 of the...
The elements of the offence of dangerous driving Dangerous driving arises under section 1 of the Road Traffic Act 1988 ( RTA 1988). It is an indictable-only offence, triable solely in the Crown Court. The offence comprises the following: causing the death of another person by: driving a mechanically propelled vehicle on a road or other public place dangerously The issue is whether the defendant’s driving fell far below the standard expected of a competent and careful driver, and whether it would be obvious to such a driver that driving in that manner was dangerous. This is an objective assessment. It must be obvious to the competent and careful driver that it is dangerous to either: drive in that manner, or use the vehicle in its...
Causing death by careless or inconsiderate driving A motorist who drives without due care or with a lack of regard for other road users, and whose driving leads to a fatality, may commit the offence of causing death by careless driving under s 2B of the Road Traffic Act 1988 ( RTA 1988). It is an either-way offence, capable of being heard in the Crown Court or the magistrates’ court. Elements of the offence of death by careless driving The prosecution must demonstrate that the defendant: caused another person’s death by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place CPS guidance on charging decisions arising from driving incidents has been revised. The two most notable updates from the earlier guidance relate to drivers responding to emergencies and...
This Practice Note summarises the procedural code for sentencing offenders in England and Wales (the Sentencing Code), set out in Parts 2–13 of the Sentencing Act 2020 ( SA 2020). For those assessing whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code. Schedule 10 of SA 2020 governs the consequences where a community order imposed by a magistrates’ court or the Crown Court is breached, and also addresses revocation and amendment of community orders. For further guidance on amending or revoking a community order, see Practice Note: Amendment and revocation of community orders. A breach of a ‘community order’ arises if an offender, without reasonable excuse, fails to comply with any requirement attached to the order made by the court. This includes the obligation to maintain contact with their ‘responsible officer’ and not to move home without that officer’s consent or a...
Duty to keep accounting records Every company is obliged to maintain adequate accounting records. The purpose of this obligation is to ensure that businesses record their transactions so they can show the company’s financial position and prepare accounts that comply with the Companies Act 2006 ( CA 2006) and the relevant UK‑adopted international accounting standards, or otherwise in accordance with UK generally accepted accounting practice standards, as applicable. See further, Practice Note: Accounting records—the duty to keep accounting records. ‘ Adequate’ replaces ‘proper’ in the Companies Act 1985. In this context, adequate means sufficient to: demonstrate and explain the company’s transactions disclose, with reasonable accuracy at any time, the company’s financial position; and enable the directors to ensure that any accounts required to be prepared comply with CA 2006 Under CA 2006, company accounting records must contain: day‑to‑day entries of all monies...
This Practice Note examines abuse of process within criminal proceedings. It sets out the two principal limbs of the doctrine and gives illustrative examples of circumstances in which an abuse might arise. For detailed guidance on how the principles below apply specifically in the sphere of private prosecutions, see Practice Note: Abuse of process in private prosecutions. The procedure for any application to stay proceedings on the basis of abuse of process is governed by the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 3.28. For additional information, refer to Practice Note: Abuse of process procedure and Application to stay on the grounds of delay—checklist. Staying a prosecution for abuse of process The abuse of process jurisdiction is grounded in the requirement that a trial be conducted in accordance with law, and in a manner that is fair to both the...
The single justice procedure The single justice procedure came into force on 13 April 2015. Its core provisions sit in sections 16A–16F of the Magistrates’ Courts Act 1980 ( MCA 1980), supported by the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. It is designed to handle high-volume, low-level crime more efficiently, removing the need for parties to attend a hearing. Since 7 November 2023, defendants facing specified summary-only, non-imprisonable offences have been able to choose an automatic online conviction and penalty under MCA 1980, ss 16G–16M. This approach is described as the ‘automatic online conviction and penalty for certain summary offences’ and is intended to ease the continuing court backlog by allowing defendants in low-level cases to plead guilty and receive penalties without appearing in court. The definitive list of offences eligible for the automatic online conviction service will be set by a...
This Practice Note explains the limits on pre-charge bail, when it can be extended, and the process for doing so. For more on police bail, see Practice Note: Police bail. For guidance on bail representations, see Practice Note: How to make representations for bail at the police station. Pre-charge bail, whether conditional or not, is restricted by time limits known as the applicable bail period ( ABP). The ABP is the window in which an officer, or the court, may extend bail. Once that period ends, there is no power to extend pre-charge bail. The ABP is set by the Police and Criminal Evidence Act 1984 ( PACE 1984), with statutory guidance that custody officers must have regard to; see the government’s Pre-charge bail statutory guidance. Whatever the prosecuting authority, the custody officer authorises the initial ABP. The ABP is separate from a...
The powers of the police to enter and search premises Police powers to go into and search premises are wide-ranging and take several forms. Officers can search on the strength of a court-issued warrant, or proceed without a warrant where particular statutory powers allow. A significant portion of these powers is regulated by Part II of the Police and Criminal Evidence Act 1984 ( PACE 1984) and by Code B within the PACE 1984 Codes of Practice. Searches without a warrant of premises linked to an arrest, whether made at the time or afterwards, are contained in PACE 1984, sections 18 and 32, and are the focus of this Practice Note. In addition, section 17 of PACE 1984 provides authority to enter and search without a warrant for the purpose of arresting a person. Guidance on obtaining search warrants under PACE 1984, sections 8 and 9, can be...
Civil recovery of property, which represents criminal property derived from unlawful conduct Civil recovery denotes the powers contained in Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002) that allow property to be frozen and orders obtained to recover property representing criminal property generated by unlawful conduct. This Practice Note focuses on the use of the following orders: civil recovery orders ( CROs) property freezing orders ( PFOs) interim receiving orders ( IROs) Provisions that apply specifically to Scotland and Northern Ireland are outside the scope of this Practice Note. For guidance on recovering property within criminal proceedings, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. POCA 2002 also provides a range of investigative powers that an appropriate officer may deploy in the course of a civil recovery...
Electrical Equipment ( Safety) Regulations 2016 The Electrical Equipment ( Safety) Regulations 2016 ( EE( S) R 2016), SI 2016/1101, form the framework of regulation overseeing the safety of electrical equipment placed on the UK market. Aligned with the EU New Legislative Framework, they set obligations on product conformity, accreditation and market surveillance, with compliance evaluated and enforcement undertaken in line with UK statutory provisions by UK market surveillance authorities. The Department for Business and Trade has produced a range of product safety guidance covering England, Wales and Scotland, which should be essential reading for lawyers advising on electrical equipment supplied to the market. Available guidance includes: Statutory guidance— Electrical Equipment ( Safety) Regulations 2016: Great Britain Placing manufactured goods on the market in Great Britain Product safety for businesses: A to Z of industry guidance Using the UKCA marking Where a business intends to place electrical equipment on the EU...
ARCHIVED : This Practice Note is archived and no longer updated. It outlines the principal amendments made to the Criminal Procedure Rules ( Crim PR) on 6 October 2025, when the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, superseded and revoked the Criminal Procedure Rules 2020 ( Crim PR 2020), SI 2020/759. The Crim PR, which regulate practice and procedure across all criminal courts in England and Wales — including magistrates’ courts, the Crown Court, the Court of Appeal ( Criminal Division) and extradition appeal matters in the High Court — are consolidated and republished every five years. This consolidation brings in fresh procedural provisions concerning the authority of Crown Court staff to vary community and suspended sentence orders, and the taking of depositions in magistrates’ courts; it also revises existing rules to harmonise confiscation appeals with ordinary Court of Appeal...
Conditions of bail This Practice Note sets out when bail may carry conditions and summarises typical measures, including securities and sureties. For guidance on breaches, see Practice Note: Absconding and breach of bail conditions in criminal court proceedings. A defendant granted bail by the court may have to observe conditions both prior to and following release. The Bail Act 1976 ( BA 1976) identifies some potential conditions, but the list is not comprehensive. See also: Court bail application—checklist. No condition should be attached unless the court deems it necessary to ensure the defendant: appears at court does not commit offences whilst on bail does not interfere with witnesses or impede the course of justice co-operates with preparation of pre-sentence reports attends meetings with their legal...
The offence of driving with no insurance Under the Road Traffic Act 1988 ( RTA 1988), it is unlawful to use a motor vehicle, or to cause or allow another to use one, unless a policy of insurance or a security covering third parties is in force. Driving without insurance is a summary-only offence that carries a maximum penalty of an unlimited fine. Elements of the offence uses, or causes or permits use of a motor vehicle on a road or other public place without valid third-party insurance or security in force Meaning of ‘use’ The person regarded as the user of a vehicle is generally the driver, or their employer where the driving occurs in the course of employment. There must be some element of control, management, or operation of the vehicle at the relevant time. An owner can still be...
Forthcoming change: The Sentencing Act 2026 gained Royal Assent on 22 January 2026 and delivers extensive revisions to the Sentencing Code. It brings in additional sentencing powers, such as new financial orders, widens both the scope and obligations of community orders and suspended sentence orders, and introduces major alterations to bail and overarching sentencing principles. The Act also overhauls elements of release, recall, post-sentence supervision, and the deportation framework for foreign criminals. Some sections are scheduled to commence on 22 March 2026, with further provisions activated in stages by regulations. This content will be updated as the relevant measures are brought into force. For more information, see: LNB News 23/01/2026 5. This Practice Note sets out when a defendant may appeal to the Crown Court from a magistrates’ court’s refusal to grant bail or to vary bail conditions. It...
This is a theft offence under section 8 of the Theft Act 1968 ( TA 1968), rooted in dishonesty and further aggravated by the use of, or threats of, force. It is triable solely on indictment in the Crown Court. Elements of the offence of robbery An individual is guilty of robbery if: they steal something; and immediately before or at the time of doing so, and in order to do so, they: use force on any person; or put any person in fear of being subjected to force then and there Force, or the threat of force, must occur ‘immediately before or at the time’ of the theft. There is no clear guidance on what ‘immediately before’ entails. If the force used or...
The offence of possession of a bladed article Under section 139 of the Criminal Justice Act 1988 ( CJA 1988), a person commits an offence if they have with them in a public place a bladed article to which the section applies. Proceedings may take place in either the magistrates’ court or the Crown Court. Where it appears that the magistrates’ court lacks sufficient sentencing powers, it will refuse jurisdiction. See: Sentencing for possession of a bladed article in public below. Elements of the offence An offence contrary to CJA 1988, s 139 is made out where the prosecution proves that the accused: had the item with them in a public place a bladed article, or a sharply pointed article Bladed and sharply pointed articles Section 139 CJA 1988 covers items with a blade or items that are sharply pointed, save for a folding pocket...
Disclosures made under POCA 2002 The anti-money laundering framework within the Proceeds of Crime Act 2002 ( POCA 2002) requires individuals to submit a disclosure regarding transactions they are handling for another person, in order to obtain a defence to one of the principal money laundering offences. For further information on the principal money laundering offences, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002. POCA 2002 identifies three forms of disclosure: a protected disclosure an authorised disclosure voluntary disclosures, required notifications and joint disclosure reports under POCA 2002, ss 339ZB–339ZG (see Voluntary disclosures, required notifications and joint disclosure reports below) Equivalent provisions exist concerning disclosure and offences for failing to disclose under the counter-terrorist financing regime set out in sections 19–21 of the Terrorism Act 2000 ( TA 2000). For more detail, see Practice Notes:...
MLA is a framework for co-operation between States to secure support for the investigation or prosecution of criminal offences. MLA is ordinarily relied upon to access material unobtainable through voluntary co-operation between law enforcement bodies, particularly where coercive powers must be used. It may likewise be invoked to seek help with the restraint and confiscation of criminal proceeds and linked enquiries. The scheme governing formal assistance requests under MLA operates in addition to any avenues for voluntary co-operation that might be pursued—there is no overarching bar on police forces giving voluntary assistance to overseas law enforcement agencies outside the confines of the Crime ( International Co-operation) Act 2003 ( C( IC) A 2003). In R (on the application of Akarcay) v Chief Constable of the West Yorkshire Police, the claimant contested West Yorkshire Police’s provision of evidence to Northern Cyprus, which would enable...
Prosecutor’s appeal against adverse rulings This Practice Note addresses the prosecution’s entitlement, under Part 9 of the Criminal Justice Act 2003 ( CJA 2003), to challenge unfavourable rulings made by the Crown Court in trials on indictment. By virtue of CJA 2003, ss 57–74 ( Part 9), the prosecution may appeal an adverse ruling of a Crown Court judge relating to a trial on indictment. The appeal is to the Court of Appeal and may proceed only with leave from the trial judge or the Court of Appeal. Such appeals fall into two principal categories: the general right to appeal a Crown Court ruling, and the right to appeal evidential rulings that materially weaken the prosecution case—the relevant provisions are not yet in force This Practice Note concerns only the first category of appeal. The prosecution has no right to appeal a...
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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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