Businesses facing prosecution for recent or historic bribery and corruption offences need quick, accurate, and practical advice on investigations and self-reporting. Our content offers unique practical insight.
Investigations into workplace accidents can be lengthy and complex. Our content provides practical advice on health and safety and gross negligence manslaughter offences, investigations and prosecutions.
Private prosecutions are on the rise, as businesses see it as a way to secure justice in financial crime cases. Our bespoke suite supports anyone seeking to bring and challenge private prosecutions.
As the scope and volume of corporate criminal offences increase, keeping track of changes is a constant challenge. Our weekly highlights and trackers keep you up to date with all the latest developments.
The Department for Energy Security and Net Zero (DESNZ) has published a consultation on proposed guidance on criminal and civil sanctions for breaches...
The Financial Conduct Authority (FCA) has announced that, following a sentencing hearing at Southwark Crown Court, Stuart Bayes, was sentenced to 18...
The National Crime Agency (NCA) has announced that the former chief of staff to the President of Madagascar, Romy Andrianarisoa, has been sentenced,...
Corporate Crime analysis: Nick Murphy of 25 Bedford Row considers what the report is about, its key findings, the HM Crown Prosecution Service...
Law360: It is no secret that the UK courts are struggling, as the case backlog across their civil, criminal and commercial divisions continues to...
Recovery of listed assets under the Proceeds of Crime Act 2002Chapter 3A (sections 303B鈥303Z) of Part 5 of the Proceeds of Crime Act 2002 (POCA 2002)...
Defence disclosure in criminal proceedings鈥攄efence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
The EU AML/CTF package鈥擜MLA, AML/CTF single rulebook, MLD6 and Recast EU WTR2The European Commission鈥檚 2020 Action Plan for a Comprehensive EU policy...
FCA disciplinary and other enforcement action against firms鈥攐ne minute guideFinancial Services Enforcement Database: This incorporates detailed...
UK regulators鈥攏on-FSMA enforcement powersBREXIT: 11 pm (GMT) on 31 December 2020 (鈥業P completion day鈥) marked the end of the Brexit...
Judicial review鈥攍etter before claim[Insert the name and address of the proposed defendant]Dear [insert organisation name]Letter before claim in...
Product safety incident plan (PSIP)1Management commitmentPerson with responsibility for the Product Safety Incident Plan (PSIP)[Insert name and...
Product recall notice (or corrective announcement)IMPORTANT SAFETY WARNING鈥擯RODUCT [RECALL OR [ insert details of alternate corrective action (eg...
Product safety teamsheet1Internal teamPerson in charge of Product Safety[Name and contact details of person in the organisation with overall...
Private action for a statutory nuisance鈥攃omplaint to the magistrates鈥 court鈥攕ection 82 of Environmental Protection Act 1990In the [insert name]...
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:鈥cted in a particular way, or鈥ailed to act...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Involuntary manslaughterInvoluntary manslaughter鈥攊ntroductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: 鈥onduct crimes, and 鈥esult crimesA...
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...
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Fraud by false representationThis Practice Note covers the offence of fraud by false representation. You may also be interested in the following...
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...
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates鈥 court or the Crown Court. The...
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence...
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...
Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is 拢5,000 or less, in which case the offence...
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of 鈥榖asic intent鈥 or of...
Money laundering offences鈥攖ipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
The question of whether (and to what extent) evidence suggesting or proving a fact in issue can be entered into the record and heard by the deciders of fact.
A formal statement made to the magistrates鈥 court (either in writing or orally) to obtain the issue of a summons or warrant under section 1 of the Magistrates鈥 Court Act 1980. Private prosecutions are commenced by laying an information as opposed to the written charge/requisition procedure (CJA 2003, s 30(4)(b)).
A hearing in criminal proceedings required when the defendant pleads guilty to an offence(s) but there is disagreement with the prosecution as to the material facts on which the defendant should be sentenced. This can occur when the accused pleads guilty on a specific basis that the prosecution does not accept.