Corporate liability

Corporate liability guidance:

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 does not cover the...

Practice Note

Deferred Prosecution Agreement A Deferred Prosecution Agreement (DPA) is an agreement between a prosecutor and an organisation facing prosecution for an alleged economic...

Practice Note

1: Opening statement from senior management [Name of organisation] is committed to preventing acts of modern slavery and human trafficking from occurring within its...

Precedents

There are many ways that risk of modern slavery can manifest in supply chains. In order to assess the level of risk of slavery in your supply chains, you must first...

Practice Note

Banned practices which are criminal offences Engaging in a commercial practice that is always unfair is made an offence by Consumer Protection from Unfair Trading...

Practice Note

Breach of a DPA The procedure for the circumstances in which a prosecutor believes that an organisation may be in breach of a DPA is set out in paragraph 9 of Schedule 17...

Practice Note

The transport industry has various legal obligations regarding carrying passengers into the UK. These are: • to adequately check the travel documents of passengers • to...

Practice Note

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, and is governed by...

Practice Note

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013 Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the...

Practice Note

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 effect of Brexit on UK...

Practice Note

Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a clear head about...

Practice Note

Offence of conspiracy to defraud Conspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act 1977 (CLA 1977), and...

Practice Note

Application of the Consumer Protection Act 1987 Part II of the Consumer Protection Act 1987 (CPA 1987) provides regulation making powers for the Secretary of State...

Practice Note

Co-operation by a corporate entity is key to obtaining a deferred prosecution agreement (DPA) as both the judgments approving DPAs entered into to date and speeches given...

Practice Note

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the identification principle...

Practice Note

What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...

Practice Note

The specific offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007). The CMCHA 2007 extends to the whole...

Practice Note

Statutory responsibilities of directors Directors have statutory responsibilities for ensuring compliance with the following requirements: • keeping and maintaining...

Practice Note

This Practice Note provides a quick reference guide to the bodies that have the power to raid organisations, their authority for doing so and the scope of their powers....

Practice Note

What is the CMA? From 1 April 2014, the Competition and Markets Authority (CMA) took over many of the functions of the Competition Commission and the Office of Fair...

Practice Note

What is the FCA? The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It also maintains the...

Practice Note

What is the HSE? The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to prevent death,...

Practice Note

What type of police could I encounter? The police broadly investigate most offences in the UK. The police force in the UK has different divisions depending on geography...

Practice Note

What is the SFO? The Serious Fraud Office (SFO) investigates serious or complex frauds and corruption that often involve an international element or are otherwise likely...

Practice Note

The implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which came into force on 1 October 2012, brought radical changes to the...

Practice Note

What is a deferred prosecution agreement? A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter...

Practice Note