Sectio PART A – Criminal Law Page
n
A1 Actus Reus: The External Elements of an Offences 1
A2 Mens Rea 21
A3 General Defences PART B - Offences 40
Page
A4 Parties to Offences 81
A5 Inchoate Offences 98
A6 Corporate Liability 134
A7 Human Rights 150
A8 Territorial and Extra-Territorial Jurisdiction 190
A9 European Law 204
Sectio
n
B1 Homicide and Related Offences 219
B2 Non-fatal Offences Against the Person 289
B3 Sexual Offences 369
B4 Theft, Handling Stolen Goods and Related Offences 503
B5 Fraud and Blackmail 570
B6 Falsification, Forgery and Counterfeiting 595
B7 Company, Commercial and Insolvency Offences 628
B8 Damage to Property 673
B9 Offences Affecting Security 688
B10 Terrorism, Piracy and Hijacking 723
B11 Offences Affecting Public Order 787
B12 Offences Relating to Weapons 839
B13 Offences Affecting Enjoyment of Premises 945
B14 Offences Against the Administration of Justice 977
B15 Corruption 1033
B16 Revenue, Customs and Social Security Offences 1049
B17 Offences Involving Misuse of Computers 1082
B18 Offences Involving Writing Speech or Publication 1095
B19 Offences Relating to Drugs 1111
B20 Offences Relating to Dangerous Dogs and Animal Welfare 1191
B21 Offences Relating to Money Laundering and the Proceeds of Criminal 1208
Conduct
B22 Moden Slavery, Trafficking, and Immigration Offences 1228
Sectio PART C – Road Traffic Offences Page
n
C1 Definitions and Basic Principles in Road Traffic Cases 1273
C2 Procedure and Evidence in Road Traffic Cases 1287
C3 Offences Relating to Driving Triable on Indictment 1299
C4 Offences Relating to Documents Triable on Indictment 1321
C5 Drink-Driving and Drug-Driving Offences 1328
C6 Summary Traffic Offences 1359
C7 Sentencing 1380
C8 Schedules 2 and 3 to the Road Traffic Offenders Act 1988 1407
,Sectio PART D – Procedure Page
n
D1 Powers of Investigation 1431
D2 The Decision to Prosecute and Diversion 1533
D3 Courts, Parties and Abuse of Process 1557
D4 Criminal Procedure Rules and Case Management 1617
D5 Starting a Prosecution and Preliminary Proceedings in Magistrates’ Courts 1625
D6 Classification of Offences and Determining Allocation (Mode of Trial) 1648
D7 Bail 1676
D8 Assets Recovery 1744
D9 Disclosure 1788
D10 Sending Cases from the Magistrates’ Court to the Crown Court 1831
D11 The Indictment 1862
D12 Arraignment and Pleas 1908
D13 Juries 1958
D14 Special Measures and Anonymity Orders 1995
D15 Trial on Indictment: General Matters and Pre-trial Procedure 2044
D16 Trial on Indictment: The Prosecution Case 2087
D17 Trial on Indictment: The Defence Case 2118
D18 Trial on Indictment: Procedure between Close of Defence Case and Retirement of 2125
Jury
D19 Trial on Indictment: Procedure Relating to Retirement of Jury and Verdict 2141
D20 Trial on Indictment: Sentencing Procedure 2170
D21 Summary Trial: General and Preliminary Matters 2211
D22 Summary Trial: The Course of the Trial 2240
D23 Sentencing in the Magistrates’ Court 2279
D24 Trial of Children and Young People 2307
D25 Behaviour Orders 2357
D26 Appeal to the Court of Appeal (Criminal Division) Following Trial on Indictment 2399
D27 Procedure on Appeal to the Court of Appeal (Criminal Division) 2427
D28 Reference to the Court of Appeal (Criminal Division) by the Attorney-General and 2445
Criminal Cases Review Commission
D29 Challenging Decisions of Magistrates’ Courts and of the Crown Court in its Appellate 2455
Capacity
D30 Appeals to the Supreme Court and the Role of the CJEU and ECtHR 2473
D31 Extradition 2477
D32 Public Funding 2496
D33 Costs 2512
Sectio PART F – Evidence Page
n
,Sectio PART E – Sentencing Page
n
E1 Sentencing Code and Sentencing Guidelines 2541
E2 Sentencing: General Provisions 2548
E3 Absolute and Conditional Discharge 2574
E4 Referral Orders 2578
E5 Fines 2582
E6 Compensation Orders 2595
E7 Restitution Orders 2603
E8 Deprivation Orders and Forfeiture Orders 2606
E9 Binding Over 2611
E10 Orders against Parents 2614
E11 Youth Rehabilitation Orders 2619
E12 Community Orders 2629
E13 Custodial Sentences: General Provisions 2644
E14 Suspended Sentences 2663
E15 Custodial Sentences: Detention and Custody of Offenders under 18 2673
E16 Life Sentences, Extended Sentences, Serious Terrorism Sentences and Custodial 2683
Sentences for Certain Offenders of ‘Particular Concern’
E17 Mandatory Life Sentences 2709
E18 Minimum Custodial Sentences 2718
E19 Confiscation Orders 2733
E20 Recommendation for Deportation 2777
E21 Exclusions and Disqualifications 2780
E22 Mentally Disordered Offenders 2800
E23 Notification Requirements 2808
E24 Rehabilitation of Offenders 2812
F1 General Principles of Evidence in Criminal Cases 2817
F2 Evidence Unlawfully, Improperly or Unfairly Obtained and the Discretion to Exclude 2841
Evidence
F3 Burden and Standard of Proof and Presumptions 2864
F4 Competence and Compellability of Witnesses and Oaths and Affirmations 2893
F5 Corroboration and Care Warnings 2908
F6 Examination-in-chief 2918
F7 Cross-examination and Re-examination 2942
F8 Documentary Evidence and Real Evidence 2978
F9 Public Policy 2999
F10 Privilege 3012
F11 Opinion Evidence 3035
F12 Admissibility of Previous Verdicts and Findings 3061
F13 Character Evidence: Evidence of Bad Character of Accused 3073
F14 Character Evidence: Admissibility of Evidence of Accused’s Good Character 3127
F15 Character Evidence: Evidence of Bad Character of Persons Other than the Accused 3140
F16 The Rule against Hearsay: General Principles 3154
F17 Exceptions to the Rule Against Hearsay (Excluding Confessions) 3167
F18 The Rule against Hearsay: Confessions 3217
F19 Evidence of Identification 3260
F20 Inferences from Silence and the Non-production of Evidence 3283
, Part Criminal Procedure Rules Page
CPR 1 The Overriding Objective 215
CPR 2 Understanding and Applying the Rules; Powers of Court Officers and Justices’ Legal 216
Cases
Advisers Brief information
CPR 3 Case Management 226
CPR 4 Service of Documents 249
CPR 5 Forms and Court Records 254
CPR 6 Reporting, etc. Restrictions 263
CPR 7 Starting a Prosecution in a Magistrates’ Court 269
CPR 8 Initial Details of the Prosecution Case 274
CPR 9 Allocation and Sending for Trial 275
CPR 10 The Indictment 287
CPR 11 Deferred Prosecution Agreements 291
CPR 12 Discontinuing a Prosecution 296
CPR 13 Warrants for Arrest, Detention or Imprisonment 298
CPR 14 Bail and Custody Time Limits 301
CPR 15 Disclosure 320
CPR 16 Written Witness Statements 327
CPR 17 Witness Summonses, Warrants and Orders 328
CPR 18 Measures to Assist a Witness or Defendant to Give Evidence or Otherwise Participate 331
CPR 19 Expert Evidence 343
CPR 20 Hearsay Evidence 347
CPR 21 Evidence of Bad Character 349
CPR 22 Evidence of a Complainant’s Previous Sexual Behaviour 353
CPR 23 Restriction on Cross-Examination by a Defendant 355
CPR 24 Trial and Sentence in a Magistrates’ Court 360
CPR 25 Trial and Sentence in the Crown Court 376
CPR 26 Jurors 390
CPR 27 Retrial After Acquittal 392
CPR 28 Sentencing Procedures in Special Cases and On Committal for Sentence, etc. 396
CPR 29 Road Traffic Penalties 407
CPR 30 Enforcement of Fines and Other Orders for Payment 412
CPR 31 Behaviour Orders 417
CPR 32 Breach, Revocation and Amendment of Community and Other Orders 425
CPR 33 Confiscation and Related Proceedings 426
CPR 34 Appeal to the Crown Court 452
CPR 35 Appeal to the High Court by Case Stated 459
CPR 36 Appeal to the Court of Appeal: General Rules 461
CPR 37 Appeal to the Court of Appeal Against Ruling at Preparatory Hearing 468
CPR 38 Appeal to the Court of Appeal Against Ruling Adverse to Prosecution 470
CPR 39 Appeal to the Court of Appeal About Conviction or Sentence 473
CPR 40 Appeal to the Court of Appeal about Reporting or Public Access Restriction 483
CPR 41 Reference to the Court of Appeal of Point of Law or Unduly Lenient Sentencing 485
CPR 42 Appeal to the Court of Appeal in Confiscation and Related Proceedings 488
CPR 43 Appeal or Reference to the Supreme Court 493
CPR 44 Reopening a Case in a Magistrates’ Court 496
CPR 45 Costs 499
CPR 46 Representatives 513
CPR 47 Investigation Orders and Warrants 517
CPR 48 Contempt of Court 562
CPR 49 International Co-operation 570
CPR 50 Extradition 574
n
A1 Actus Reus: The External Elements of an Offences 1
A2 Mens Rea 21
A3 General Defences PART B - Offences 40
Page
A4 Parties to Offences 81
A5 Inchoate Offences 98
A6 Corporate Liability 134
A7 Human Rights 150
A8 Territorial and Extra-Territorial Jurisdiction 190
A9 European Law 204
Sectio
n
B1 Homicide and Related Offences 219
B2 Non-fatal Offences Against the Person 289
B3 Sexual Offences 369
B4 Theft, Handling Stolen Goods and Related Offences 503
B5 Fraud and Blackmail 570
B6 Falsification, Forgery and Counterfeiting 595
B7 Company, Commercial and Insolvency Offences 628
B8 Damage to Property 673
B9 Offences Affecting Security 688
B10 Terrorism, Piracy and Hijacking 723
B11 Offences Affecting Public Order 787
B12 Offences Relating to Weapons 839
B13 Offences Affecting Enjoyment of Premises 945
B14 Offences Against the Administration of Justice 977
B15 Corruption 1033
B16 Revenue, Customs and Social Security Offences 1049
B17 Offences Involving Misuse of Computers 1082
B18 Offences Involving Writing Speech or Publication 1095
B19 Offences Relating to Drugs 1111
B20 Offences Relating to Dangerous Dogs and Animal Welfare 1191
B21 Offences Relating to Money Laundering and the Proceeds of Criminal 1208
Conduct
B22 Moden Slavery, Trafficking, and Immigration Offences 1228
Sectio PART C – Road Traffic Offences Page
n
C1 Definitions and Basic Principles in Road Traffic Cases 1273
C2 Procedure and Evidence in Road Traffic Cases 1287
C3 Offences Relating to Driving Triable on Indictment 1299
C4 Offences Relating to Documents Triable on Indictment 1321
C5 Drink-Driving and Drug-Driving Offences 1328
C6 Summary Traffic Offences 1359
C7 Sentencing 1380
C8 Schedules 2 and 3 to the Road Traffic Offenders Act 1988 1407
,Sectio PART D – Procedure Page
n
D1 Powers of Investigation 1431
D2 The Decision to Prosecute and Diversion 1533
D3 Courts, Parties and Abuse of Process 1557
D4 Criminal Procedure Rules and Case Management 1617
D5 Starting a Prosecution and Preliminary Proceedings in Magistrates’ Courts 1625
D6 Classification of Offences and Determining Allocation (Mode of Trial) 1648
D7 Bail 1676
D8 Assets Recovery 1744
D9 Disclosure 1788
D10 Sending Cases from the Magistrates’ Court to the Crown Court 1831
D11 The Indictment 1862
D12 Arraignment and Pleas 1908
D13 Juries 1958
D14 Special Measures and Anonymity Orders 1995
D15 Trial on Indictment: General Matters and Pre-trial Procedure 2044
D16 Trial on Indictment: The Prosecution Case 2087
D17 Trial on Indictment: The Defence Case 2118
D18 Trial on Indictment: Procedure between Close of Defence Case and Retirement of 2125
Jury
D19 Trial on Indictment: Procedure Relating to Retirement of Jury and Verdict 2141
D20 Trial on Indictment: Sentencing Procedure 2170
D21 Summary Trial: General and Preliminary Matters 2211
D22 Summary Trial: The Course of the Trial 2240
D23 Sentencing in the Magistrates’ Court 2279
D24 Trial of Children and Young People 2307
D25 Behaviour Orders 2357
D26 Appeal to the Court of Appeal (Criminal Division) Following Trial on Indictment 2399
D27 Procedure on Appeal to the Court of Appeal (Criminal Division) 2427
D28 Reference to the Court of Appeal (Criminal Division) by the Attorney-General and 2445
Criminal Cases Review Commission
D29 Challenging Decisions of Magistrates’ Courts and of the Crown Court in its Appellate 2455
Capacity
D30 Appeals to the Supreme Court and the Role of the CJEU and ECtHR 2473
D31 Extradition 2477
D32 Public Funding 2496
D33 Costs 2512
Sectio PART F – Evidence Page
n
,Sectio PART E – Sentencing Page
n
E1 Sentencing Code and Sentencing Guidelines 2541
E2 Sentencing: General Provisions 2548
E3 Absolute and Conditional Discharge 2574
E4 Referral Orders 2578
E5 Fines 2582
E6 Compensation Orders 2595
E7 Restitution Orders 2603
E8 Deprivation Orders and Forfeiture Orders 2606
E9 Binding Over 2611
E10 Orders against Parents 2614
E11 Youth Rehabilitation Orders 2619
E12 Community Orders 2629
E13 Custodial Sentences: General Provisions 2644
E14 Suspended Sentences 2663
E15 Custodial Sentences: Detention and Custody of Offenders under 18 2673
E16 Life Sentences, Extended Sentences, Serious Terrorism Sentences and Custodial 2683
Sentences for Certain Offenders of ‘Particular Concern’
E17 Mandatory Life Sentences 2709
E18 Minimum Custodial Sentences 2718
E19 Confiscation Orders 2733
E20 Recommendation for Deportation 2777
E21 Exclusions and Disqualifications 2780
E22 Mentally Disordered Offenders 2800
E23 Notification Requirements 2808
E24 Rehabilitation of Offenders 2812
F1 General Principles of Evidence in Criminal Cases 2817
F2 Evidence Unlawfully, Improperly or Unfairly Obtained and the Discretion to Exclude 2841
Evidence
F3 Burden and Standard of Proof and Presumptions 2864
F4 Competence and Compellability of Witnesses and Oaths and Affirmations 2893
F5 Corroboration and Care Warnings 2908
F6 Examination-in-chief 2918
F7 Cross-examination and Re-examination 2942
F8 Documentary Evidence and Real Evidence 2978
F9 Public Policy 2999
F10 Privilege 3012
F11 Opinion Evidence 3035
F12 Admissibility of Previous Verdicts and Findings 3061
F13 Character Evidence: Evidence of Bad Character of Accused 3073
F14 Character Evidence: Admissibility of Evidence of Accused’s Good Character 3127
F15 Character Evidence: Evidence of Bad Character of Persons Other than the Accused 3140
F16 The Rule against Hearsay: General Principles 3154
F17 Exceptions to the Rule Against Hearsay (Excluding Confessions) 3167
F18 The Rule against Hearsay: Confessions 3217
F19 Evidence of Identification 3260
F20 Inferences from Silence and the Non-production of Evidence 3283
, Part Criminal Procedure Rules Page
CPR 1 The Overriding Objective 215
CPR 2 Understanding and Applying the Rules; Powers of Court Officers and Justices’ Legal 216
Cases
Advisers Brief information
CPR 3 Case Management 226
CPR 4 Service of Documents 249
CPR 5 Forms and Court Records 254
CPR 6 Reporting, etc. Restrictions 263
CPR 7 Starting a Prosecution in a Magistrates’ Court 269
CPR 8 Initial Details of the Prosecution Case 274
CPR 9 Allocation and Sending for Trial 275
CPR 10 The Indictment 287
CPR 11 Deferred Prosecution Agreements 291
CPR 12 Discontinuing a Prosecution 296
CPR 13 Warrants for Arrest, Detention or Imprisonment 298
CPR 14 Bail and Custody Time Limits 301
CPR 15 Disclosure 320
CPR 16 Written Witness Statements 327
CPR 17 Witness Summonses, Warrants and Orders 328
CPR 18 Measures to Assist a Witness or Defendant to Give Evidence or Otherwise Participate 331
CPR 19 Expert Evidence 343
CPR 20 Hearsay Evidence 347
CPR 21 Evidence of Bad Character 349
CPR 22 Evidence of a Complainant’s Previous Sexual Behaviour 353
CPR 23 Restriction on Cross-Examination by a Defendant 355
CPR 24 Trial and Sentence in a Magistrates’ Court 360
CPR 25 Trial and Sentence in the Crown Court 376
CPR 26 Jurors 390
CPR 27 Retrial After Acquittal 392
CPR 28 Sentencing Procedures in Special Cases and On Committal for Sentence, etc. 396
CPR 29 Road Traffic Penalties 407
CPR 30 Enforcement of Fines and Other Orders for Payment 412
CPR 31 Behaviour Orders 417
CPR 32 Breach, Revocation and Amendment of Community and Other Orders 425
CPR 33 Confiscation and Related Proceedings 426
CPR 34 Appeal to the Crown Court 452
CPR 35 Appeal to the High Court by Case Stated 459
CPR 36 Appeal to the Court of Appeal: General Rules 461
CPR 37 Appeal to the Court of Appeal Against Ruling at Preparatory Hearing 468
CPR 38 Appeal to the Court of Appeal Against Ruling Adverse to Prosecution 470
CPR 39 Appeal to the Court of Appeal About Conviction or Sentence 473
CPR 40 Appeal to the Court of Appeal about Reporting or Public Access Restriction 483
CPR 41 Reference to the Court of Appeal of Point of Law or Unduly Lenient Sentencing 485
CPR 42 Appeal to the Court of Appeal in Confiscation and Related Proceedings 488
CPR 43 Appeal or Reference to the Supreme Court 493
CPR 44 Reopening a Case in a Magistrates’ Court 496
CPR 45 Costs 499
CPR 46 Representatives 513
CPR 47 Investigation Orders and Warrants 517
CPR 48 Contempt of Court 562
CPR 49 International Co-operation 570
CPR 50 Extradition 574
