Corporate liability

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Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
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
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
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9th Nov
Practice notes
What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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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 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
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
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
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 12th Jan
Practice notes
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...
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9th Nov

Most recent Corporate 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
Fraudulent trading under the Fraud Act 2006A defendant who is a sole trader, in a partnership or a trust, commits the offence of fraudulent trading if...
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9th Apr
Practice notes
When does a deferred prosecution agreement expire?A deferred prosecution agreement (DPA) usually expires on the date specified as a term of the...
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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
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
Money laundering offences—an introductionMoney laundering is the process by which the proceeds of crime are converted into assets which appear to have...
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Produced in partnership with Jessica Parker of Corker Binning 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
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
There are strict controls on the export, brokering and transshipment of ‘strategic’ goods, software and technology from and through the UK. This...
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Produced in partnership with Richard Tauwhare MVO MIExCP 9th Apr
Practice notes
Disclosure in the DPA negotiation processOne of the factors in the deferred prosecution agreement (DPA) negotiation process, which can influence a...
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9th Apr
Practice notes
Lawful authority to seize and retain property (subject to legal professional privilege) following a search of premises can be achieved in four...
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9th Apr
Practice notes
Statutory responsibilities of directorsDirectors have statutory responsibilities for ensuring compliance with the following requirements:•keeping and...
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9th Apr
Practice notes
Legal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart is an acknowledgement of the...
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Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 9th Apr
Practice notes
Which organisations will be suitable for DPA negotiationsThe Deferred Prosecution Agreement Code of Practice (DPA Code) for prosecutors is intended to...
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9th Apr
Practice notes
This Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and Crown Prosecution...
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9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. It examined the data protection and personal data sharing issues arising in a...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 9th Apr
Practice notes
What is a deferred prosecution agreement?A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to...
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9th Apr
Practice notes
Preliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the suspicion of fraud in the...
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9th Apr
Practice notes
False accountingA person who falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may...
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9th Apr
Practice notes
This Practice Note sets out and examines the criminal offences created by the Reporting on Payment Practices and Performance Regulations 2017 (RPPPR...
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Produced in partnership with Jenny Barker of Peters & Peters 9th Apr

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