Corporate criminal liability

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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
Recklessness in criminal casesWhat is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a...
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19th May
Practice notes
Specific and basic intentSpecific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence...
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19th May
Practice notes
Possession of a bladed articleThe offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in...
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19th May
Practice notes
Sentencing guidelines for sexual offencesThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of...
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19th May
Practice notes
Boiler room fraudWhat is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales...
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19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
Possession of an offensive weaponThe offence of possession of an offensive weaponThe offence of having an offensive weapon in a public place can be...
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19th May
Practice notes
Assault on a police constable (assault PC)The offence of assault PC or assault on a person assisting a constableAssault on a constable (assault PC) or...
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19th May
Practice notes
Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes
Police BailPolicing And Crime Act 2017 amendments to police bailSome of the most important changes brought about by the Policing and Crime Act 2017...
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19th May
Practice notes
European Investigation Orders (EIOs)—process [Archived]ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end...
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19th May
Practice notes
Starting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...
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19th May
Practice notes
Abuse of process procedureFor an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of...
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19th May
Practice notes
Obtaining disclosure of unused evidenceDuty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a...
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Produced in partnership with Hannah Thomas of 2 Hare Court 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 criminal liability content

Practice notes
Sentencing guidelines for corporate offendersSentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing...
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23rd Jul
Practice notes
Civil recovery orders in SFO casesA civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High...
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20th Jul
Practice notes
Assessing modern slavery risk in supply chainsThere are many ways that risk of modern slavery can manifest in supply chains. In order to assess the...
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13th Jul
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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5th Jul
Practice notes
The duty to produce a slavery and human trafficking statementModern slavery is prevalent across the world. The ILO estimates that there are 21 million...
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5th Jul
Practice notes
Employers’ liability insurance essentialsOverview of employers’ liability insuranceIt is long established that an employee who has suffered an injury,...
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Produced in partnership with Suzanna Prescott of Kennedys 5th Jun
Q&As
What is meant by the phrase ‘piercing the corporate veil’?A properly formed registered company is a separate legal entity from its shareholders and...
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5th Jun
Q&As
Can a company pay for or indemnify one of its directors in relation to a fine which has been imposed on such director following civil or criminal...
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5th Jun
Q&As
Is there a publically searchable record of companies which have criminal records?Certain regulators maintain publically searchable databases of...
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5th Jun
Q&As
Can company directors be prosecuted as individuals for offences under sections 1 and 2 of the Modern Slavery Act 2015?In answering this Q&A, research...
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5th Jun
Q&As
What is the difference between section 8 of the Accessories and Abettors Act 1861 and sections 44–46 of the Serious Crime Act 2007?Historically, there...
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5th Jun
Practice notes
Does section 54 of the Modern Slavery Act 2015 apply to my business?—FlowchartSection 54 of the Modern Slavery Act 2015 (MSA 2015) introduces a...
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Produced in partnership with Gowling WLG 5th Jun
Practice notes
Corporate liability for environmental offences requiring intentionWhat environmental offences require mens rea?While most environmental offences are...
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5th Jun
Practice notes
Offence of causing a financial institution to fail and other offences under FS(BR)A 2013Introduction to the senior managers regimeThe Senior Managers...
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Produced in partnership with Michael Potts of PCB Byrne 5th Jun
Practice notes
Encouraging and assisting criminalityEncouraging criminalityThe common law offence of incitement was abolished as of 1 October 2008, the date on which...
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5th Jun
Practice notes
Civil recovery—enforcement abroadCivil recovery—enforcement abroad (historic position)Before the commencement of the Crime and Courts Act 2013,...
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5th Jun
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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5th Jun
Precedents
Anti-slavery and human trafficking statement1: Opening statement from senior management[Name of organisation] is committed to preventing acts of...
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5th Jun
Practice notes
Directors' disqualification orders in the criminal courtsA disqualification order is made to protect the public from those who, for reasons of...
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5th Jun
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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5th Jun

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