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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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The Modern Slavery Act 2015 ( MSA 2015) The Modern Slavery Act 2015 ( MSA 2015) gained Royal Assent on 26 March 2015. Under Section 54, certain firms are required to prepare and make public a statement addressing modern slavery and human trafficking, for each and every financial year of the organisation. The government has issued guidance (the Guidance), which was updated on 27 March 2025. The 2025 revision marks the first wholesale replacement of the Guidance since its initial issue in October 2015, displacing earlier incremental updates. The Guidance states plainly that organisations ought to release their statement as soon as is reasonably practicable after the close of their financial year, and preferably no later than six months after the organisation’s year end. Accordingly, a company with a 31 March year end should, in effect, have its statement available by 30...
This Practice Note examines the approach to sentencing offenders in England and Wales who have assisted law enforcement. It addresses both statutory and common law frameworks for assistance, and the position where an offender declines to help. There is an established practice of discounting the sentence that would otherwise be passed to acknowledge the provision of information and help to the police. The rationale is pragmatic: the public interest in rewarding aid to the authorities and safeguarding sources has long been recognised. Credit for giving assistance at common law At common law, an offender convicted of an offence may obtain credit for assistance rendered to the police or other law enforcement. The common law route remains more commonly deployed than the statutory scheme described below. Under common law, the prosecution is obliged to lay before the sentencing judge all pertinent material, including any...
Under UK health and safety law, self-employed individuals must meet health and safety duties where: they hire people to work for them, and/or the activity being carried out is a prescribed undertaking, or the activity being carried out creates a risk to the health and safety of others Practically, this means self-employed persons who have no workers, do not undertake a prescribed activity, and whose work presents no potential risk to others are exempt from the obligations set by health and safety law. Put simply, if your solo work neither employs others nor endangers anyone, and is not prescribed, these legal duties will not apply. When is someone classified as 'self-employed' under health and safety law? The Health and Safety at Work etc. Act 1974 ( HSWA 1974) states a person is regarded as self-employed if they work for gain or reward other than under a...
This Practice Note examines spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 ( ROA 1974), as updated by the Police, Crime, Sentencing and Courts Act 2022. It also looks at how earlier convictions affect criminal investigations, their use as evidence in criminal proceedings, and their relevance to sentencing. What is a spent conviction? Where a conviction or caution becomes spent, the individual is, for most purposes, regarded in law as if no offence had been committed. Consequently, under ROA 1974, people with spent convictions or cautions are generally entitled not to disclose them when applying for most roles. However, they may still appear on a Disclosure and Barring Service criminal record check (a DBS check, sometimes called a CRB check), which certain positions will require. Some convictions become spent after a defined period, which depends on the disposal or sentence...
A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the...
Withdrawal of Part 1 arrest warrants and Part 2 extradition requests If an arrest warrant, whether issued or certified, under Part 1 of the Extradition Act 2003 ( EA 2003) (a Part 1 arrest warrant), or an extradition request under EA 2003, Pt 2 (a Part 2 extradition request), is withdrawn before a requested person is extradited, the requested person must be discharged......
Wildlife offences Criminal offences relating to harm to wildlife are mainly established by the Wildlife and Countryside Act 1981 ( WCA 1981), alongside the following legislation: Food and Environment Protection Act 1985 Wild Mammals ( Protection) Act 1996 Deer Act 1991 Pests Act 1954 Poisons Act 1972 There are also EU and domestic laws enacted in line with the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which govern the cross‑border trade of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade. The National Wildlife Crime Unit is a strategic policing unit operating above individual force activity. Its remit is to: co‑ordinate enforcement concerning cross‑border and organised crime at national and international levels collate intelligence and provide analytical assessments The CPS prosecutes these cases. Summary prosecutions must be commenced within six months of the date the...
Employment Rights Act 1996 and Public Interest Disclosure Act 1998 By virtue of the Employment Rights Act 1996 ( ERA 1996), as modified by the Public Interest Disclosure Act 1998 ( PIDA 1998) and subsequently by the Enterprise and Regulatory Reform Act 2016, any agreement made between employees and their employer is of no legal effect, in so far as it aims or purports to stop an employee from making a protected disclosure......
The Waste Electrical and Electronic Equipment Regulations 2013 Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113, as amended, revoked and superseded the Waste Electrical and Electronic Equipment Regulations 2006 ( WEEE 2006), SI 2006/3289. They initially gave effect in full to the obligations in Directive 2012/19/ EU, the recast WEEE Directive. WEEE 2013, SI 2013/3113, is, in essence, founded on the concept of extended producer responsibility, which obliges producers to bear responsibility for the environmental consequences of their products, particularly at the end of their life when they become waste. Comparable producer responsibility frameworks apply under the Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640) and the End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635). For more detail on producer responsibility, see Practice Note: Packaging waste—extended producer responsibility regime. For an overview of the WEEE...
The statutory duty of care in relation to controlled waste EPA 1990, s 34(1) first established the statutory duty of care for controlled waste, and it has since been revised on several occasions. Breach of that duty is an offence under EPA 1990, s 34(6). The principal waste regulators are: Environment Agency ( EA) in England Natural Resources Body for Wales ( NRW) Scottish Environment Protection Agency ( SEPA) Northern Ireland Environment Agency ( NIEA) Local authorities also regulate the less polluting processes and facilities. The main government departments are: Department for Environment, Food and Rural Affairs ( Defra) Welsh Government Scottish Government Department for Agriculture, Environment and Rural Affairs ( DAERA) This Practice Note addresses the duty of care for controlled waste in England and Wales only. It cites EU law. For guidance on how this applies in the UK see...
Compliance All carriers must: The following obligations apply: register with the Environment Agency in England and with Natural Resources Wales in Wales, as applicable present authorisation (for example, a registration certificate) promptly when asked avoid transporting controlled waste unless properly registered, unless operating as an exempt carrier provide relevant information requested by the regulator update registration details within 28 days of any change These duties are required. Brokers and dealers are required to: register with the Environment Agency ( EA) in England and Natural Resources Wales ( NRW) in Wales amend registration information within 28 days when any changes occur Enforcement Carriers The EA in England and NRW in Wales enforce a carrier’s duties under the Control of Pollution ( Amendment) Act 1989 ( CP( A) A 1989) and the Waste ( England and Wales) Regulations 2011, SI 2011/988. Under CP( A) A 1989,...
Voluntary manslaughter Voluntary manslaughter comprises killings that would amount to murder—because the accused has the requisite mental element for murder—but are reduced to manslaughter due to one of three special defences: loss of control, diminished responsibility, or a suicide pact. It is not an offence for which a defendant is indicted; rather, it is a verdict that may follow an initial indictment for murder. When returned, the verdict is recorded simply as ‘manslaughter’, without the descriptor ‘voluntary’......
Trials in the Crown Court In England and Wales, Crown Court trials proceed ‘on indictment’, meaning any defendant ‘tried on indictment’ appears before a judge and jury in the Crown Court in England and Wales. An indictment is the formal charge sheet alleging that one or more individuals committed a particular indictable or either way offence, and, in general, prosecuting counsel generally bears the responsibility for making sure the indictment for a criminal trial is drafted correctly. The procedural rules governing how an indictment must be drawn are comprehensively set out in Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Pt 10. For additional guidance, refer to the Practice Notes: The indictment and The indictment—content, form, defects and amendments. Only very rarely, and in limited circumstances, may the High Court direct that an indictment be served on the Crown Court; this...
Victim personal statements—guidance Guidance on preparing, the form and the use of a victim personal statement ( VPS), sometimes called a victim impact statement, can be found in several places, including: Criminal Practice Directions ( CPD) the Joint Agency Guide to the Victim Personal Statement the Code of Practice for Victims of Crime ( Victims’ Code) the Health and Safety Executive ( HSE) enforcement guide on VPS the Ministry of Justice Guidance to victims: Making a Victim Personal Statement Practitioners should consider these materials when advising on a VPS. Victim personal statements—what are they? A VPS is a statement by the victim of crime setting out the effect the offence has had on them or, if the victim has died, the impact on surviving family members. It has two primary aims: to offer victims a formal opportunity to describe, in their own...
What is a vexatious litigant? A vexatious litigant, as determined by the High Court, is an individual who exploits the right to a fair hearing and the entitlement to commence proceedings to assert or defend their rights, whether by issuing groundless claims or by utilising the court’s processes in such a manner that their ability to keep using the court must be placed under the court’s ongoing supervision. In AG v Barker, the court characterised a vexatious litigant and noted: ‘ Vexatious is a familiar term in legal parlance’......
For guidance on what deferred prosecution agreements ( DPAs) are and how they work, see Practice Note: Deferred prosecution agreements, which explains their operation. In what circumstances can a DPA be varied? The statutory power to amend a DPA sits squarely in paragraph 10 of Schedule 17 to the Crime and Courts Act 2013 ( CCA 2013) itself. A DPA may require alteration in two situations: where the court invites the parties to vary the DPA under CCA 2013, Sch 17 Pt 1, para 9(3)(a), namely where the organisation has breached the agreement and the court wants the parties to put forward proposals to cure the organisation’s non-compliance, by agreement between the parties as invited by the court, accordingly (see Practice Notes: Financial penalties as a term of a DPA— Late payment and breach of a DPA and Breach of a DPA) where a...
Regulatory Enforcement and Sanctions Act 2008 The Regulatory Enforcement and Sanctions Act 2008 introduced new powers enabling regulators to address offences using six distinct forms of civil sanction, rather than initiating formal prosecutions. From 2010, the Environment Agency ( EA) and Natural England ( NE) were granted these powers in relation to a range of environmental offences. In 2015 the regime widened further, with the EA authorised to accept enforcement undertakings in respect of environmental permitting offences. In England, the Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies; in Wales, the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies. Schedule 5 to each instrument specifies the sanctions available for particular offences set out in those orders. The EA commenced use of its civil sanctions powers on 4 January 2011, with NE following on 3 January 2012. Since 1 April 2013,...
Vacating a guilty plea Setting aside a guilty plea is a nuanced yet crucial remedy available in both the magistrates’ courts and the Crown Court. This Practice Note offers direction to applicants wishing to set aside a guilty plea, outlining the procedural steps and substantive bases needed to justify withdrawing it. It further considers circumstances in which an appellate court may invalidate a plea when hearing an appeal against conviction entered on a plea of guilty. The early guilty plea scheme in England and Wales aims to make the system more efficient by promoting earlier admissions in return for a reduction in sentence (see Practice Note: Credit for guilty plea). Yet, the scheme can at times leave defendants feeling under pressure, or insufficiently advised, when deciding how to plead. Consequently, such influences can prompt some to attempt to retract their plea(s) later on. Both the...
POCA 2002 and the Terrorism Act 2000 require you to report knowledge or suspicion of money laundering or terrorist financing to the NCA via a Suspicious Activity Report ( SAR), with severe criminal penalties for non-compliance. A SAR can be: an internal report to the organisation’s nominated officer an external report to the NCA This Practice Note explains using the NCA’s SAR Portal, opened to all reporting organisations on 18 September 2023: how to register, submit a SAR, what information is needed, and what to do after submission. The SAR Portal From 18 September 2023, the Portal replaced SARs Online. Organisations must register and file all SARs through the Portal. It is solely for reporting suspected money laundering or terrorist financing, not for general crime reports. If you wish to report a crime, including fraud, you should......
ARCHIVED: This Practice Note is archived and not maintained. It considered data protection and personal data sharing questions arising in cross-border investigations involving US and EU companies prior to the ruling in Facebook Ireland and Schrems ( Case C-311/18), where the Court of Justice of the European Union struck down the EU- US Privacy Shield and confirmed that any use of standard contractual clauses ( SCCs) must, in practice, provide an adequate level of protection for personal data, following a case by case evaluation of the circumstances of the transfer. For details on sharing personal data between the UK and EU in light of that judgment and IP completion day, see Practice Notes: Data protection and internal investigations, and UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations. Who is 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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