Sentencing

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Civil and financial penalties and ancillary orders Credit for guilty plea and mitigation Prison law Sentencing powers

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Featured Corporate Crime content

Common assault and battery

Common assault and battery

Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...

Criminal act or omission

Criminal act or omission

Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...

Assault occasioning actual bodily harm

Assault occasioning actual bodily harm

Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...

Involuntary manslaughter

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...

Practice notes

Causation and intervening acts in criminal cases

Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
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1st Mar
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Practice notes

Threats to kill

Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
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1st Mar
Practice notes

Recklessness in criminal cases

Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
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Produced in partnership with Christopher Sykes of 33 Chancery Lane
1st Mar
Practice notes

Fraud by false representation

Fraud by false representationThis Practice Note covers the offence of fraud by false representation. You may also be interested in the following...
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1st Mar
Practice notes

Entrapment

Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
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2nd Mar
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Practice notes

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
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1st Mar
Practice notes

Self defence

Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
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2nd Mar
Practice notes

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence...
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Produced in partnership with Thomas Evans of 3 Paper Buildings
1st Mar
Practice notes

Automatism

AutomatismDefinition of automatismAn act is done in a state of Automatism if it is done by the body without control by the mind, (eg it is a spasm or...
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1st Mar
Practice notes

Criminal damage

Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...
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2nd Mar
Practice notes

Perjury

PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings
2nd Mar
Practice notes

Wounding or causing grievous bodily harm with intent

Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
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2nd Mar
Practice notes

Specific and basic intent

Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
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Produced in partnership with Christopher Skyes of Doughty Street Chambers.
1st Mar
Practice notes

Money laundering offences—tipping off and prejudicing an investigation

Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
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1st Mar
Practice notes

Burden and standard of proof in criminal proceedings

Burden and standard of proof in criminal proceedingsThere are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party...
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1st Mar
Practice notes

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the...
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1st Mar

Popular documents

The relevance and use of previous convictions in criminal proceedings

The relevance and use of previous convictions in criminal proceedingsThis Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974) as amended by the Police, Crime, Sentencing and Courts Act 2022. It also considers the impact of

Calculating time spent on remand or on tagged bail

Calculating time spent on remand or on tagged bailTime spent on remandThe amount of relevant remand time to be counted towards a prisoner’s sentence must be calculated and applied administratively by the prison and is no longer directed by the court. Provision for this is contained in section 240ZA

Absolute and conditional discharge

Absolute and conditional dischargeThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of