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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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Discretionary power to disqualify from driving The principal legislation governing discretionary bans from driving consists of the Road Traffic Offenders Act 1988 ( RTOA 1988) and the Sentencing Act 2020 ( SA 2020), the latter being known as the Sentencing Code. The Sentencing Council has issued overarching guidance drawing together all existing material on driver disqualification. These guidelines apply to every adult offender sentenced on or after 1 April 2025, regardless of when the offence was committed. They explain when the power to disqualify is engaged, how the term of any disqualification should be fixed, the available exceptions, and how a disqualification is administered. Offences to which discretionary disqualification applies Where an offender is convicted of an offence for which disqualification is discretionary and either the penalty points to be counted are fewer than 12, or the offence does not require obligatory endorsement, the court may order a period of...
The offences The Road Traffic Act 1988 ( RTA 1988) sets out two specific offences: securing a driving licence whilst disqualified; and driving a motor vehicle on a road whilst disqualified. A uniformed constable may, without a warrant, arrest any person found driving on a road where there is reasonable cause to suspect they are disqualified. What the prosecution has to prove To establish either offence, the prosecution must prove the accused did one of the following: obtained a licence whilst disqualified from holding or obtaining one; or drove a motor vehicle on a road whilst disqualified from holding or obtaining a licence. A licence procured during a period of disqualification is not valid. Consequently, an accused could also face an allegation of driving otherwise than in accordance with a licence. For this offence, being merely in charge is...
HMRC may probe suspected tax-related criminal offences in England and Wales by exercising the powers, and observing the safeguards, set out in the Police and Criminal Evidence Act 1984 ( PACE 1984). Equivalent legislation exists for Northern Ireland. PACE does not extend to Scotland, but there is legislation providing powers and protections that replicate the PACE measures, tailored to the Scottish legal system. The balance of this Practice Note addresses the legislation in England and Wales. Alongside HMRC’s powers to examine tax-related criminal offences in Wales, the Welsh Revenue Authority holds powers to investigate offences linked to Welsh devolved taxes. Tax enquiries can also be undertaken by the National Crime Agency ( NCA). The NCA operates independently of HMRC, though HMRC may supply information to it for the purposes of its functions. One of the NCA's functions is the recovery of money and assets...
FORTHCOMING CHANGE relating to a consultation and draft legislation on better use of new and improved third-party data : Following a Spring Statement 2025 consultation, which closed on 21 May 2025, draft provisions were issued on 21 July 2025 for inclusion in Finance Bill 2026 ( FB 2026). These would confer regulation-making powers to enhance the quality and timeliness of third-party data obtained by HMRC under its bulk data-gathering powers, with a particular focus on financial account information and card sales data. The reform aims to modernise HMRC’s approach by shifting from notice-based requests to a standing reporting obligation and by rolling out standardised schemas for submissions. It also mandates collection of tax identifiers, such as National Insurance numbers, to improve data matching, together with a range of penalties for non-compliance. At Budget 2025, the government confirmed it would proceed, after which...
FORTHCOMING CHANGE: On Tax Administration and Maintenance Day, 27 April 2023, the former Conservative administration issued a call for evidence on refreshing HMRC’s information and data-gathering powers to support the digital overhaul of taxpayer services, strengthen HMRC’s compliance functions, and cut administrative burdens. With a deadline of 20 July 2023, the exercise asked for views on, among other areas: ways to reform and enhance the collection of information and data from third parties, informed by international best practice; scope to modernise HMRC’s third-party information and data-gathering powers and the accompanying safeguards; how to streamline the process by which HMRC issues information notices obliging a taxpayer or third party to supply information, data or documents. At Spring Statement 2025, the government released a summary of responses to that call for evidence as Annex C to the consultation titled ‘ Better use of new and...
This Practice Note examines the strategic and operational aims and powers of the Financial Conduct Authority ( FCA). It reviews the FCA’s objectives and powers in general terms and considers changes brought in by the Financial Services and Markets Act 2023 ( FSMA 2023). The FCA was formed on 1 April 2013, assuming responsibility for conduct and relevant prudential regulation from the Financial Services Authority ( FSA). For more on the FCA and the other UK financial services and markets regulators, see Overview: UK regulators—financial services—overview and Diagram: UK financial services regulatory structure diagram. Guidance on the FCA’s functions and how the FCA works with other regulators and bodies is set out in Practice Note: Financial Conduct Authority—functions. For information on the FCA’s corporate governance and constitution, see Practice Note: FCA—corporate governance, structure and...
Offences against heritage property Heritage crime encompasses any offence that reduces the significance of heritage assets and their settings, undermining their value for current and future generations. Heritage assets include: ancient monuments listed buildings buildings in conservation areas designated cemeteries conservation areas registered parks and gardens registered battlefields protected military remains of aircraft and vessels of historic interest undesignated but acknowledged buildings and sites of heritage significance Examples of prosecutable heritage crime theft of metals such as lead and copper from churches and other historic buildings architectural theft (see Theft) illegal metal detecting involving trespass on private land unlawful alterations to, and damage of, listed buildings criminal damage to monuments (see Criminal damage) arson (see Arson) graffiti (see Criminal damage) substance abuse and other forms of...
Legal requirements of an information There are several routes to commence criminal proceedings in England and Wales: a charge at the police station after arrest, accompanied by a requirement to attend the magistrates’ court a written charge with a requisition directing the defendant to attend court on a specified date and time (available only to certain public prosecutors, see: Prosecutors authorised under s 29 Criminal Justice Act 2003 to commence criminal proceedings by way of written charge and requisition or written charge and single justice notice—checklist) a written charge with a single justice procedure notice requiring the defendant to state a plea and, if guilty, consent to disposal of the case on the papers via the single justice procedure (see Practice Note: Single justice procedure) an application for the issue of a summons (commonly referred to as ‘laying an information’) in the magistrates’ court, leading to a...
Civil investigation of tax fraud HMRC’s stated approach to tax fraud is to favour civil procedures rather than criminal ones wherever appropriate, and where a civil route is suitable it will be pursued. Pursuing criminal enquiries and prosecutions is costly and, as a result, runs counter to HMRC’s revenue‑raising function. Accordingly, criminal action is reserved for instances where it will operate as an effective deterrent or where there are aggravating features, such as involvement in an organised plan. As an alternative to a criminal investigation, where deliberate behaviour has brought about a loss of tax, HMRC may employ its civil investigation of fraud process as set out within Code of Practice 9 ( COP9). COP9 operates through the Contractual Disclosure Facility ( CDF), which gives the recipient the opportunity to make a full disclosure of their conduct, with HMRC agreeing not to commence a...
This Practice Note discusses the sanctions in place for those who do not comply with the houses in multiple occupation ( HMOs) licensing regime It outlines criminal offences arising from breaches and describes the sanctions available for HMO contraventions, including failures to obtain a licence, non-compliance with licence conditions, or acting in defiance of a banning order. Potential measures include: interim management orders ( IMOs) final management orders ( FMOs) rent repayment orders ( RROs) financial penalties banning orders The Note also summarises how sanctions are pursued and the routes to appeal. Responsibility for enforcing the HMO licensing system sits with the local housing authority ( LHA) for the area where the HMO is located. See Practice Notes: Houses in multiple occupation ( HMOs) and Houses in multiple occupation ( HMOs)—applying for a licence. A range of licensing...
What are hygiene improvement notices? Hygiene improvement notices are tools used by enforcement authorities such as the Food Standards Agency ( FSA) or local authorities to uphold the Food Safety and Hygiene ( England) Regulations 2013 ( FSH( E) R 2013), SI 2013/2996. A hygiene improvement notice compels a food business operator to take steps necessary to achieve compliance with FSH( E) R 2013, SI 2013/2996. See Practice Note: Applying the Food Safety and Hygiene ( England) Regulations 2013. They should not be confused with improvement notices under the Food Safety Act 1990 ( FSA 1990). Improvement notices under FSA 1990 serve to enforce regulations made under Part II of that Act. Non-compliance with a hygiene improvement notice under FSH( E) R 2013, SI 2013/2996 constitutes a criminal offence. Guidance on applying hygiene improvement notices is set out in the Food Law Code of Practice issued by the FSA, and the FSA in...
As fireworks are explosives, the UK imposes stringent controls on their sale, possession and use, set out in the Explosives Act 1875 ( EA 1875), the Fireworks Act 2003 ( Fi A 2003), the Fireworks Regulations 2004, SI 2004/1836, and the Explosives Regulations 2014, SI 2014/1638. Separate strict requirements govern how fireworks are placed on the market, including notification, categorisation, labelling, UK marking ( CE marking pre- IP completion day), traceability and safety information duties, setting out what must be provided and when. These are contained in the Pyrotechnic Articles ( Safety) Regulations 2015 ( PASR 2015), SI 2015/1553, which detail the applicable framework. The Product Safety and Metrology etc. ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/696, amended PASR 2015, SI 2015/1553 to swap references to CE marking for UKCA marking, and to replace mutual recognition of...
Scope of the General Product Safety Regulations 2005 The General Product Safety Regulations 2005, SI 2005/1803 ( GPSR 2005), set the legal framework to ensure consumer products are safe in Great Britain. They outline the conditions and responsibilities for placing consumer goods on the GB market. states that products introduced to the market or supplied by producers and distributors must be safe clarifies the meaning of a safe product imposes duties on producers and distributors consistent with marketing safe products establishes a presumption of conformity for items that meet UK national safety standards mandates and authorises enforcement authorities to take whatever action is necessary to protect consumers from unsafe products Separate rules apply to the placing on the market of consumer products in Northern Ireland and within the EU. For details on EU consumer protection law, see:...
For details of the duties on producers and distributors under the General Product Safety Regulations 2005, SI 2005/1803 ( GPSR 2005), refer to Practice Note: General Product Safety Regulations 2005— Offences. For information on prosecuting offences under GPSR 2005, SI 2005/1803, including the maximum sentences available on conviction, see Practice Note: Prosecution of product safety offences under the General Product Safety Regulations 2005. Notification requirements In England and Wales, where producers or distributors become aware that a product they have placed on the market or supplied to a consumer fails to meet the general safety requirement, they are obliged to notify the relevant enforcement authority of that information. They must also provide details of the steps they have taken to prevent risk to the consumer. The Office of Product Safety and Standards ( OPSS) guidance on the notification requirements contains a template...
Criminal sanctions under the Trade Marks Act 1994 ( TMA 1994) In some trade mark infringement scenarios—such as wilful misuse aimed at producing counterfeit goods—the trade mark owner, and from a public policy standpoint, may regard routine civil remedies as insufficient. In those situations, criminal sanctions under the Trade Marks Act 1994 ( TMA 1994) are available. These measures are most frequently directed at those dealing in counterfeits who apply false trade marks to replicate the products of leading manufacturers. Nevertheless, the TMA 1994 has a much broader scope, enabling criminal penalties for other types of unauthorised trade mark use, including offences where there is no requirement to prove dishonesty. Trade mark offending should be viewed within the wider framework of IP crime and may, in particular, intersect with copyright crime. For instance, creating a pirate film on DVD would be a...
Enforcement under the Food Safety Act An authorised officer of an enforcement authority may enter any premises within the authority’s area, at all reasonable hours, for the purpose of ascertaining whether the Food Safety Act 1990 ( FSA 1990) is being, or has been, contravened on those premises. If the occupier requests it, the officer must be able to produce duly authenticated documentation confirming their authority to act in that capacity. An authorised officer also has the power to enter any business premises, whether inside or outside the authority’s area, to establish whether there is any evidence or indication, on those premises, of any contravention, within that area, of the FSA 1990. An authorised officer of a food authority may, in addition, enter any premises whenever necessary and appropriate in order to perform their functions under the FSA 1990. Where premises are used solely as a...
The legal requirements of hallmarking Under the Hallmarking Act 1973 ( HA 1973), the sale of goods marketed as 'gold', 'silver', 'platinum' or 'palladium' is lawfully regulated. A hallmark comprises a set of symbols stamped on articles of these precious metals, confirming independent assessment by an Assay Office. It is a guarantee that the article complies with the law. This assures the piece meets statutory thresholds for precious metal content, called 'fineness'—the proportion of precious metal to alloy in the item, expressed in parts per thousand. Items claimed to be wholly or partly gold, silver, platinum or palladium must carry the correct hallmarks prior to supply or any offer to supply, before sale. Save for limited exemptions, goods without hallmarks must not be described as wholly or partly made from gold, silver, platinum or palladium. Premises where articles of gold, silver or platinum are made,...
What is a Fixed Monetary Penalty The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) conferred powers on regulators to address offences through civil sanctions rather than prosecution. Under Regulation 39, a regulator may, by notice, impose a fixed monetary penalty ( FMP) on a person for a relevant offence. A ‘fixed monetary penalty’ in RESA 2008 means a requirement to pay a regulator a penalty of a set, prescribed amount. RESA 2008 also sets out guidance on applying civil sanctions and obliges the regulator to prepare and publish guidance explaining how a relevant offence will be enforced. The Environmental Civil Sanctions ( England) Order 2010, read with the Environmental Civil Sanctions ( Miscellaneous Amendments) ( England) Regulations 2010, granted the Environment Agency and Natural England authority to apply civil sanctions for a variety of environmental offences in England. The regime was...
Noise nuisance Noise makes up the majority of complaints received by local authorities and the Environment Agency ( EA) about environmental pollution. It is any unwelcome sound that happens unexpectedly, or is excessively loud or repetitive. Exposure within certain decibel ranges can be harmful to health, with low frequency noise capable of being as damaging as loud noise. Noise nuisance is typically handled by local authorities as an environmental health matter. The police become involved where the disturbance amounts to a breach of the peace, or is linked to threatening, violent or other anti-social behaviour. Police and local councils frequently work jointly to take action or obtain orders against residents whose anti-social behaviour—causing alarm, harassment and distress—affects others. See Practice Note: Anti-social behaviour—environmental breaches. Public nuisance Creating a public nuisance is both a tort and a criminal offence, formerly at common law and now under section 78 of the...
under the Insolvency Act 1986 A company is regarded as insolvent if it cannot settle its debts as they fall due, if the total of its liabilities exceeds the value of its assets, or if both tests apply. When insolvency arises, the Insolvency Service will place the company into winding up under a statutory scheme that fairly administers the company’s assets and the creditors’ claims. Within the Insolvency Act 1986 ( IA 1986) are provisions that establish criminal offences for unfit conduct by directors once a company has become insolvent. Where the company is in the course of being wound up, an officer or contributory commits an offence if they destroy or falsify any company books or securities, or if they make, or are privy to the making of, any false or fraudulent entry in any register, book of account, or document belonging to the...
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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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