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Law360, London: On 1 December 2024, a BBC investigation revealed that certain tomato purees sold by UK and German retailers likely contain, despite...
A round-up of the latest trading standards prosecutions, including a fraudster prosecuted after conning homeowners....
Law360, London: The effectiveness of Britain's sanctions regime should not be judged solely by court victories, according to a top UK law enforcement...
The Insolvency Service has successfully pursued legal action against Christopher Cook, a disqualified director from Oxford, who continued to operate a...
The Home Office has launched a consultation on new legislative proposals aimed at tackling the growing threat of ransomware attacks in the UK. The...
Introduction to the EU GDPR and UK GDPRThis Practice Note provides an introduction to both the EU’s General Data Protection Regulation, Regulation...
Economic Crime (Transparency and Enforcement) Act 2022—an introductionIn recent years, there have been growing calls for the government to legislate...
Offences under the Money Laundering Regulations 2017 (MLR 2017)Power to make money laundering regulations post BrexitPost Implementation Period (IP)...
Development of sanctions regime in the UK during the Brexit transition period [Archived]ARCHIVED: This Practice Note has been archived and is not...
Enablers of offshore tax evasion—civil sanctionsIntroductionThe government’s strategy for tackling offshore tax evasion was initially set out in...
Product safety incident plan (PSIP)1Management commitmentPerson with responsibility for the Product Safety Incident Plan (PSIP)[Insert name and...
Product safety teamsheet1Internal teamPerson in charge of Product Safety[Name and contact details of person in the organisation with overall...
Product recall notice (or corrective announcement)IMPORTANT SAFETY WARNING—PRODUCT [RECALL OR [ insert details of alternate corrective action (eg...
Financial sanctions breach report formPlease supply as much information as possible about this suspected breach.If you require any help to complete...
Sanctions breach response form and action plan1General informationDate[Insert date]Name of person completing this response form and action plan[Insert...
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:•acted in a particular way, or•failed 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—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result 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’ 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 £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 ‘basic intent’ or of...
Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
The Criminal Justice Act 1993, s 52, defines the offence of insider dealing.
An advertisement is misleading if: • it deceives, or is likely to deceive the traders it addresses or reaches, and • the deception is likely to affect the economic behaviour of those traders or as a result of the above effect on traders it injures or is likely to injure a competitor in some way. An advertisement will be likely to affect the economic behaviour of traders if, for example, it induces or is likely to induce them to part with money for what is being advertised. A competitor may be injured as a result of traders being deceived by a misleading advertisement, for example, where an advertiser misleads traders into using their services when the trader actually intended to use the service of company X (a competitor), perhaps by confusing the trader into believing they were actually dealing with company X. This is likely to injure company X (the competitor) as company X loses out on business as a result of the misleading advertisement.
A factor indicating reduced or lower culpability of the offender and/or harm caused by an offence which leads to a less severe sentence being imposed on conviction