Corporate liability

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Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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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 12th Jan
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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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
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
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 12th Jan
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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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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 12th Jan
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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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
Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
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9th Nov
Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...
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9th Nov

Most recent Corporate liability content

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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4th May
Practice notes
What are trade sanctions?The UK uses sanctions to fulfil a range of purposes, including supporting foreign policy and national security objectives, as...
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Produced in partnership with Richard Tauwhare MVO MIExCP 4th May
Practice notes
Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a...
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Produced in partnership with Christopher Badger of 6 Pump Court 28th Apr
Practice notes
When does Natural England investigate?There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local...
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Produced in partnership with Laura Phillips of 6 Pump Court 23rd Apr
Practice notes
The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime...
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Produced in partnership with Christopher Badger of 6 Pump Court 23rd Apr
Practice notes
Misleading actionsAn action can be misleading in relation to a commercial practice under the Consumer Protection from Unfair Trading Regulations 2008...
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22nd Apr
Practice notes
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 22nd Apr
Q&As
DisclaimerThis Q&A is based on the draft Criminal Finances Bill (CFB) 2017 as at 23 April 2017, at which point it had not received Royal Assent. For...
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Produced in partnership with James Brockhurst of Gowling WLG 19th 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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14th Apr
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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14th Apr
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 14th Apr
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 14th Apr
Practice notes
Waste offencesThe regulation of waste is governed by Part II of the Environmental Protection Act 1990 (EPA 1990), and the Environmental Permitting...
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12th Apr
Practice notes
What is the SFO?The Serious Fraud Office (SFO) investigates serious or complex frauds and corruption that often involve an international element or...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 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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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
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...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
What is the FCA?The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
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...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
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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9th Apr
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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9th Apr

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