Corporate liability

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...
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9th Nov
Practice notes
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
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Produced in partnership with Red Lion Chambers 9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 9th Nov
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov

Most recent Corporate liability content

Practice notes
HMRC can investigate suspected tax-related criminal offences in England and Wales using the powers, and subject to the safeguards, in the Police and...
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30th Nov
Practice notes
Coronavirus (COVID-19) IMPACT: Certain aspects of the PSC regime are affected by temporary measures introduced to mitigate the consequences of the...
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30th Nov
Practice notes
Deferred Prosecution AgreementA Deferred Prosecution Agreement (DPA) is an agreement between a prosecutor and an organisation facing prosecution for...
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Produced in partnership with SHOOSMITHS LLP 29th Nov
Practice notes
What environmental offences require mens rea?While most environmental offences are characterised by strict liability, a limited category require an...
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28th Nov
Practice notes
Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...
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Produced in partnership with Craig Burman of Schofield Sweeney 28th Nov
Q&As
Ownership of privilegeLegal professional privilege 'belongs' to the client and not to the legal adviser (Three Rivers District Council v Governor and...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 28th Nov
Practice notes
Self-reporting is the process by which a business can report to law enforcement agencies upon its discovery of financial or other wrongdoing within...
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Produced in partnership with Kevin Dent (Barrister) of 5 St Andrew’s Hill 24th Nov
Practice notes
BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The...
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Produced in partnership with Bryan Cave Leighton Paisner LLP 23rd Nov
Practice notes
Enforcement of the HMO licensing regime is the responsibility of the LHA of the area in which the HMO is located. See Practice Notes: Houses in...
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20th Nov
Practice notes
Purpose of a financial penalty in a deferred prosecution agreement (DPA)?Where a financial penalty is to be imposed as a term of a deferred...
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20th Nov
Practice notes
What must a DPA contain?The statutory requirements for the content of a Deferred Prosecution Agreement (DPA) are found in paragraph 5 of Schedule 17...
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20th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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18th Nov
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 18th Nov
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 18th Nov
Practice notes
Corporate criminal liability for bribery—section 7 of the Bribery Act 2010This offence can only be committed by relevant commercial organisations...
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18th Nov
Practice notes
Financial sanctions and legislative regime during the implementation periodAs of exit day (31 January 2020), the UK is no longer an EU Member State....
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Produced in partnership with Dentons 18th Nov
Practice notes
The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD)...
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Produced in partnership with Joanne Kane of Carmelite Chambers 18th Nov
Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege.It considers the...
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18th Nov
Practice notes
Sentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing guidelines (see Practice Note: Sentencing—Sentencing...
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16th Nov

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