Corporate liability

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Practice notes
Facilitation payments under the Bribery Act 2010Facilitating the performance of a duty by public officialsFacilitation payments, also known as...
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Produced in partnership with Richard Furlong of Carmelite Chambers 19th May
Practice notes
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who...
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Produced in partnership with Andrew Sperling of SL5 Legal 19th May
Practice notes
Pre-sentence reportsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from...
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19th May
Practice notes
Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...
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19th May
Practice notes
Failing to surrender, absconding and breach of bail conditionsBench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 19th May
Practice notes
Criminal act or omissionOmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act...
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19th May
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
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19th May
Practice notes
Corporate criminal liabilityThis Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing...
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19th May
Practice notes
Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Indications on sentenceJudicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and...
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19th May
Practice notes
Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and...
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19th May
Practice notes
Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
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19th May

Most recent Corporate liability content

Practice notes
Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...
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30th Jul
Practice notes
Natural Resources Wales—powers to investigate environmental crimeNatural Resources Wales (NRW) is the principal regulator responsible for the...
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Produced in partnership with Christopher Badger of 6 Pump Court and Christian Jowett of 30 Park Place, Cardiff and 36 Group, 36 Commercial, London 30th Jul
Practice notes
Money laundering offences under the Proceeds of Crime Act 2002Money laundering offences—an introductionMoney laundering is the process by which the...
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Produced in partnership with Jessica Parker of Corker Binning 30th Jul
Practice notes
Failure to prevent the criminal facilitation of tax evasion—the offencesThis Practice Note discusses the two ‘failure to prevent’ corporate criminal...
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Produced in partnership with Rhys Meggy of QEB Hollis Whiteman 30th Jul
Practice notes
Export control compliance visits and audits—What to expectThere are strict controls on the export, brokering and transshipment of ‘strategic’ goods,...
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Produced in partnership with Richard Tauwhare MVO MIExCP 30th Jul
Practice notes
DPA Code of PracticeThis Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and...
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30th Jul
Practice notes
Insider dealingFORTHCOMING CHANGE: Section 31(1) of the Financial Services Act 2021 (FSA 2021) increases the maximum sentence for insider dealing...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 30th Jul
Practice notes
Failing to prevent briberyCorporate criminal liability for bribery—section 7 of the Bribery Act 2010This offence can only be committed by relevant...
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30th Jul
Practice notes
SFO information sharing and section 3 powersWhat are the powers under section 3 CJA 1987?Section 3 of the Criminal Justice Act 1987 (CJA 1987)...
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30th Jul
Practice notes
DPAs in practiceDeferred Prosecution Agreements (DPAs) have been available since 24 February 2014, when the Crime and Courts Act 2013 (CCA 2013) came...
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Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 30th Jul
Practice notes
Active bribery, passive bribery and bribing foreign public officialsThe purpose of this Practice Note is to provide a general understanding of the...
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Produced in partnership with Joanne Kane of Carmelite Chambers 30th Jul
Practice notes
Seizure and retention of propertyLawful authority to seize and retain property (subject to legal professional privilege) following a search of...
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30th Jul
Practice notes
Privilege in DPA negotiationsLegal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart...
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Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 30th Jul
Practice notes
Directors and criminal liabilityThis Practice Note describes the criminal offences that are of most relevance to company directors, and:•focuses on...
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30th Jul
Practice notes
Financial sanctions—offencesSanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) created a UK specific framework for the implementation and...
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Produced in partnership with Roger Matthews of Dentons and John Binns of BCL Solicitors LLP 30th Jul
Practice notes
CMA dawn raids and interviewsThe arrival of the Competition and Markets Authority (CMA) (or any other competition authority) to conduct a dawn raid is...
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Produced in partnership with Bryan Cave Leighton Paisner 30th Jul
Practice notes
Practical steps in a bribery investigation—UK and US perspectivesWho is investigating?In our current globalised market, it is very common for multiple...
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Produced in partnership with Amanda Raad, Arla Kerr and Harriet Slater of Ropes & Gray 30th Jul
Practice notes
Defending company clients after LASPO 2012ARCHIVED: This Practice Note is archived and is not maintained.The implementation of the Legal Aid,...
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30th Jul
Practice notes
Directors and officers insurance policiesA director of a company limited by shares is exposed to a wide range of potential liabilities that could...
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30th Jul
Practice notes
Modern slavery and human traffickingThe Modern Slavery Act 2015 (MSA 2015) received Royal Assent on 26 March 2015. Section 54 requires certain firms...
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30th Jul

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