Arrest and detention

Arrest

The right to liberty is a fundamental principle of human rights. The exercise of the power of arrest is a significant interference with that right. Therefore an arrest must be lawful. The police powers of arrest are principally governed by the Police and Criminal Evidence Act 1984 (PACE 1984). To be lawful, a police arrest must be necessary by reference to the statutory powers set out in PACE 1984. PACE 1984 Code of Practice G provides additional rules and guidance on the use of these powers and are essential reading for all lawyers advising on this area of law.

The term 'arrest' is not defined in PACE 1984. The courts have held that it is an ordinary English word and whether or not a person has been arrested depends not on the legality of the arrest but on whether they have been deprived of liberty of movement. Under PACE 1984, a police officer must inform a person that they are under arrest and the reason why. A failure to do so may render the arrest unlawful.

PACE 1984 expressly preserves certain

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Corporate Crime News

Corporate Crime weekly highlights—9 October 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the ‘Hillsborough Law’ Bill and of the conclusion of the SFO’s review of the safety of convictions following a the Supreme Court’s ruling in R v Hayes; R v Palombo. Also included is news of the Criminal Procedure Rules 2025 coming into force, of an upcoming comprehensive inspection of the CCRC's casework system, of updated guidance on information sharing measures under ECCTA 2023, and of a railway company fined £1m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.

Insolvency Service reports director sentenced for fraudulent Covid loan applications

The Insolvency Service has reported that Haralambos Ioannou, director of Opti-Bond (GB) Ltd, received a 22-month suspended sentence at Southwark Crown Court on 7 October 2025 for fraudulently obtaining two Bounce Back Loans totalling £100,000. Ioannou applied for two separate £50,000 loans when companies were entitled to only one loan under the scheme, declaring different turnover figures of £216,000 and £236,000 for 2019. He used the second loan for personal purposes including £25,000 on gambling, £8,000 on crypto investments, £6,000 in cash withdrawals and £16,000 transferred to his then wife's account. The court also imposed a five-year company director disqualification and ordered £40,000 compensation plus 150 hours unpaid work. Opti-Bond (GB) Ltd entered liquidation in November 2021, with Ioannou failing to disclose the first loan to the liquidator as legally required.

How does the failure to prevent fraud offence raise the stakes on greenwashing?

Commercial analysis: Introduced by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), the new failure to prevent fraud (FTPF) offence came into force on 1 September 2025, covering fraud by false representation, fraud by failing to disclose information, and false or misleading statements by directors—provisions that can be directly applied to misleading sustainability claims. While greenwashing has historically resulted mainly in regulatory sanctions, companies now face the risk of criminal prosecution if they fail to prevent misleading or unsubstantiated claims. Consequently, companies are advised to seek expert guidance to review current practices and to develop and implement robust procedures that ensure sustainability claims are clear, accurate, and supported by evidence. Written by Dan Gray and Christopher Gribbin of Mishcon de Reya.

DHSC launches call for evidence on tobacco and vape retail licensing scheme

The Department of Health and Social Care (DHSC) has launched a call for evidence to shape new regulations on the sale and composition of tobacco, vape and nicotine products as part of the government’s Plan for Change and the Tobacco and Vapes Bill, which aims to create a smoke-free generation and protect children from nicotine addiction. The proposals would require all retailers to obtain a licence to sell such products, closing a gap in the law that currently allows unregulated sales and enabling stronger action against rogue traders. Retailers selling without a licence could face unlimited fines or fixed penalties of £2,500 in England and Wales, and up to £5,000 in Northern Ireland. Views are also sought on vape flavours and ingredients, nicotine strength limits, product design, and a national registration system to improve market oversight and consumer safety. The evidence gathered will inform secondary legislation supporting measures such as restrictions on advertising, sponsorship and product displays. The call for evidence closes on 3 December 2025.

View Corporate Crime by content type :

News