Corporate criminal liability

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Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
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 12th Jan
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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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
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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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
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th 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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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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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 Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Most recent Corporate criminal liability content

Practice notes
Overview of employers’ liability insuranceIt is long established that an employee who has suffered an injury, or contracted a disease in the workplace...
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Produced in partnership with Suzanna Prescott of Kennedys 9th Apr
Practice notes
ARCHIVED: This Practice Note is archived and is not maintained.The implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012...
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9th Apr
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Apr
Practice notes
Encouraging criminalityThe common law offence of incitement was abolished as of 1 October 2008, the date on which the Serious Crime Act 2007 (SCA...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
This Practice Note describes the criminal offences that are of most relevance to company directors, and:•focuses on offences which an individual...
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8th Apr
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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7th Apr
Practice notes
Modern slavery is prevalent across the world. The ILO estimates that there are 21 million people in forced labour in the world today, while in the UK...
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23rd Mar
Precedents
1: Opening statement from senior management[Name of organisation] is committed to preventing acts of modern slavery and human trafficking from...
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22nd Mar
Practice notes
Introduction to the senior managers regimeThe Senior Managers and Certification Regime (SM&CR) is a comprehensive suite of legislation, regulation and...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 16th Mar
Practice notes
A director of a company limited by shares is exposed to a wide range of potential liabilities that could arise as a result of their acts or omissions...
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16th Mar
Practice notes
Sentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing guidelines, has produced several offence-specific...
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11th Mar
Practice notes
Commencing proceedings against a companyBefore a company is prosecuted a decision will be taken as to who is the appropriate prosecuting body. Once...
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11th Mar
Practice notes
The Modern Slavery Act 2015 (MSA 2015) received Royal Assent on 26 March 2015. Section 54 requires certain firms to produce and publish a slavery and...
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11th Mar
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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9th Mar
Q&As
Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example,...
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13th Feb
Practice notes
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,...
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15th Jan
Practice notes
Section 54 of the Modern Slavery Act 2015 (MSA 2015) introduces a requirement for certain commercial organisations operating in the UK to produce an...
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Produced in partnership with Gowling WLG 11th Jan
Q&As
A properly formed registered company is a separate legal entity from its shareholders and has separate rights and liabilities as a separate legal...
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6th Dec

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