Corporate liability

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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
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
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
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
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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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
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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9th Nov
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
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 rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...
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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
Practice notes
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...
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9th Nov

Most recent Corporate liability content

Practice notes
Offences relating to change in control of UK authorised personsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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15th May
Practice notes
Management of personal data in cross-border investigations involving US and EU companies [Archived]ARCHIVED: This Practice Note has been archived and...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 15th May
Practice notes
Financial sanctions—offencesSanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) created a UK specific framework for the implementation and...
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Produced in partnership with Roger Matthews of Dentons and John Binns of BCL Solicitors LLP 15th May
Practice notes
Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974Enforcement of Part I of the Health and Safety at Work etc Act...
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Produced in partnership with James Purnell, Abigail Cohen and Lia Moses of Henderson Chambers 15th May
Practice notes
Financial penalties as a term of a DPAPurpose of a financial penalty in a deferred prosecution agreement (DPA)?Where a financial penalty is to be...
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15th May
Practice notes
Insider dealingInsider dealing—the criminal offenceInsider dealing is the use of sensitive or privileged information that has not yet been released to...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 15th May
Practice notes
Health and safety crisis management—a UK practical guideIn the immediate aftermath of an incident, it is of paramount consideration to have an...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 15th May
Practice notes
Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...
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15th May
Practice notes
Failing to prevent briberyCorporate criminal liability for bribery—section 7 of the Bribery Act 2010This offence can only be committed by relevant...
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15th May
Practice notes
Variation of a DPAIn what circumstances can a DPA be varied?The power to vary a DPA is set out in paragraph 10 of Schedule 17 of the Crime and Courts...
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15th May
Practice notes
SFO information sharing and section 3 powersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...
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15th May
Practice notes
Prosecuting a companyCommencing proceedings against a companyBefore a company is prosecuted a decision will be taken as to who is the appropriate...
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15th May
Practice notes
Fraudulent evasion of dutyOffences of fraudulent evasion of duty—the smuggling offencesA person commits an offence under section 170(1) of the Customs...
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15th May
Practice notes
Local authorities—powers to investigate environmental crimeWhen do local authorities investigate environmental offences?Environmental offences cover a...
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Produced in partnership with Laura Phillips of 6 Pump Court 15th May
Practice notes
Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974The Health and Safety ExecutiveThe Health and Safety Executive...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 15th May
Practice notes
Consumer Protection Act 1987 offencesApplication of the Consumer Protection Act 1987Part II of the Consumer Protection Act 1987 (CPA 1987) provides...
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15th May
Practice notes
Offences under the Data Protection Act 2018IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...
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Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 15th May
Practice notes
DPA Code of PracticeThis Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and...
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15th May
Practice notes
Money laundering offences under the Proceeds of Crime Act 2002Money laundering offences—an introductionMoney laundering is the process by which the...
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Produced in partnership with Jessica Parker of Corker Binning 15th May
Practice notes
Surveillance and intelligence gathering powers of the FCAThe Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and...
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Produced in partnership with Carolina Bracken of 5 Paper Buildings 15th May

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