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Preparing a PACE 1984 s 78 application for breach of Code D—checklist

Preparing a PACE 1984 s 78 application for breach of Code D—checklist For information on applications to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Exclusion of unfair evidence in criminal proceedings. For detailed guidance on challenging identification evidence, see Practice Note: Challenging visual identification evidence In all cases practitioners should have in mind: • the test for exclusion of evidence—PACE 1984, s 78 ◦ in any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it ◦ PACE 1984, s 78 does not involve the exercise of a ‘discretion’ but rather the exercise of a judgment by the trial judge in evaluating whether, on the...

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Procedure during a Crown Court trial—summing up and directing the jury

Procedure during a Crown Court trial—summing up and directing the jury This Practice Note explains the procedure which must be followed during the latter stages of a Crown Court trial and sentencing in accordance with CrimPR, SI 2020/759 and the Criminal Practice Directions. For information on the initial stages of a trial on indictment and on the hearing of evidence in a Crown Court trial, see Practice Note: Procedure during a Crown Court trial—arraignment, trial requirements and evidence. Closing speeches at the end of the evidence: prosecution and defence At the conclusion of the evidence, the prosecutor may make final representations, where: • the defendant has a legal representative • the defendant has called at least one witness, other than the defendant him or herself, to give evidence in person about the facts of the case, or • the court so permits A closing speech should assist the jury understand the prosecution case, not seek to entertain or otherwise bring the case to life. In R v...

Fraud—civil claim and private criminal prosecution compared

Fraud—civil claim and private criminal prosecution compared This Practice Note compares the key characteristics of pursuing a fraud claim either by way of a civil claim or a private criminal prosecution, including identifying the contrasts between the two procedures. It serves as a summary reference guide for practitioners who are considering the options for their client of either pursuing a civil claim for fraud or a private prosecution (or potentially both in parallel). For general guidance on civil fraud claims see: Civil fraud—overview and in particular: • Practice Note: Civil fraud—heads of claim • Practice Note: Starting a civil fraud claim—a practical guide • Considerations and next steps for victims of fraud—checklist For general guidance on fraud in the criminal context and pursuing a private prosecution, see: • Fraud offences—overview • Private prosecutions—overview • Practice Note: Private prosecutions—an introductory guide • Practice Note: Bringing a private prosecution—practical considerations • Pros and cons of bringing a private prosecution—checklist This Practice Note is not concerned with specific insolvency related statutory...

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Corporate Crime weekly highlights—26 September 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the key findings of the Grenfell Tower Inquiry phase 2 report, of concerns that the UK reimbursement plan for fraudulent APP could attract organised crime and of research published by Pinsent Masons LLP which found that HMRC raised almost £1bn in its most serious criminal investigations of tax fraud year-on-year in April 2024. Also included is news of Europol’s report on the benefits and challenges of AI for law enforcement, of the summary response by the FSA Board to ideas for a new form of national level scrutiny of large retailers and of the latest prosecution news from the SFO. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—1 February 2024

This week's edition of Corporate Crime weekly highlights includes analysis of a recent case exploring the relationship between financial sanctions and freedom of expression and consideration of the due diligence pointers learned from the Entain deferred prosecution agreement (DPA). Also included is news of the commencement of new offences of cyberflashing, fake news and online abuse, of a £2.15m fine for a recycling company after being found guilty of corporate manslaughter and health and safety offences as well as the latest prosecution news from the Serious Fraud Office. All this, and more, in this week’s Corporate Crime highlights.