Criminal Practice in UK Law

Leading Cases
  • Sweet v Parsley
    • House of Lords
    • 23 Enero 1969

    In the first place a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stimga. So he would have to consider whether, in a case of this gravity, the public interest really requires that an innocent person should be prevented from proving his innocence in order that fewer guilty men may escape.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 2000

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Octubre 1999

    In this area difficult choices may have to be made by the executive or the legislature between the rights of the individual and the needs of society. In some circumstances it will be appropriate for the courts to recognise that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the Convention.

  • Woolmington v DPP
    • House of Lords
    • 05 Abril 1935

    Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.

  • Connelly v DPP
    • House of Lords
    • 21 Abril 1964

    My Lords, in my opinion, the Judges of the High Court have in their inherent jurisdiction, both in civil and in criminal matters, power (subject of course to any statutory rules) to make and enforce rules of practice in order to ensure that the court's process is used fairly and conveniently by both sides. "are founded on the same facts, or form or are a part of a series of offences of the same or a similar character"

  • R v Donald Pendleton
    • House of Lords
    • 13 Diciembre 2001

    The Court of Appeal can make its assessment of the fresh evidence it has heard, but save in a clear case it is at a disadvantage in seeking to relate that evidence to the rest of the evidence which the jury heard. For these reasons it will usually be wise for the Court of Appeal, in a case of any difficulty, to test their own provisional view by asking whether the evidence, if given at the trial, might reasonably have affected the decision of the trial jury to convict.

  • R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 Junio 1993

    If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

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Books & Journal Articles
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Law Firm Commentaries
  • Webinar: Account Freezing Orders And High Court Civil Recovery: Criminal Practice In A Civil Age
    • Mondaq UK
  • HMRC Investigations: Code Of Practice 9
    • Mondaq UK
    .... Not all tax fraud results in a criminal investigation and. prosecution. HMRC have discretion to offer taxpayers whom they. suspect have been involved in deliberate fraud an opportunity to. ......
  • Financial crime and investigations update for UK corporates
    • JD Supra United Kingdom
    The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of ...
    .... The law and practice relating to financial crime and investigations is evolving fast. In the ... financial crime (including the creation of two new corporate criminal offences), the implementation of the Fourth Money Laundering Directive, ......
  • Financial crime and investigations update for UK corporates
    • JD Supra United Kingdom
    The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of ...
    .... The law and practice relating to financial crime and investigations is evolving fast. In the ... financial crime (including the creation of two new corporate criminal offences), the implementation of the Fourth Money Laundering Directive, ......
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Forms
  • Application notice (Pursuant to the Extradition Act 2003)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ...... . . Application notices must comply with Part 50 of Criminal Procedure Rules 2015 and 50D of the Criminal Practice Directions and must ......
  • Chapter FCIM120010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... The Commissioners of HMRC reserve complete discretion to pursue a Criminal investigation with a view to prosecution where they consider it necessary ..., the Commissioners may decide to investigate using the Code of Practice 9 investigation of fraud procedure. Under the investigation of fraud ......
  • Chapter AGL8200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......As is common practice in other tax areas, the law allows us the discretion to deal under a civil ... with an offence which would otherwise require prosecution as a criminal offence. This not only provides an incentive for the taxpayer to ......
  • Chapter FCIM220010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... The Commissioners of HMRC reserve complete discretion to pursue a criminal investigation with a view to prosecution where they consider it necessary ..., the Commissioners may decide to investigate using the Code of Practice 9 (COP9) investigation of fraud procedure. Under the investigation of ......
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