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Latest Corporate Crime News

WhatsApp faces revamped EU GDPR penalty after national enforcers contest fine range

The following Corporate Crime news provides comprehensive and up to date legal information on WhatsApp faces revamped EU GDPR penalty after national enforcers contest fine range

Amazon fined record €746m for EU GDPR privacy breach

The following Corporate Crime news provides comprehensive and up to date legal information on Amazon fined record €746m for EU GDPR privacy breach

FCA probes Monzo bank over potential AML breaches

The following Corporate Crime news provides comprehensive and up to date legal information on FCA probes Monzo bank over potential AML breaches

Witness in ENRC claim calls into question SFO’s disclosure exercise in 2016 privilege case

The following Corporate Crime news provides comprehensive and up to date legal information on Witness in ENRC claim calls into question SFO’s disclosure exercise in 2016 privilege case

Featured Corporate Crime content

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...

Sentencing for rape

Sentencing for rapeThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific...

Burglary

BurglaryBurglaryIn most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court.Burglary triable...

GOC—interim orders

GOC—interim ordersInterim ordersThe GOC’s Fitness to Practise Committee (FTPC) may impose an interim order in respect of a registrant if it is...

Practice notes

Breach of a community order

Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...

19th May

Practice notes

Handling stolen goods

Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...

19th May

Practice notes

Intimate searches

Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...

19th May

Practice notes

Sexual risk orders

Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...

Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May

Practice notes

Privilege against self-incrimination

Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...

Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May

COVID-19

Practice notes

Football banning orders

Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...

19th May

Practice notes

Corporate criminal liability

Corporate criminal liabilityThis Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing...

19th May

Practice notes

Grounds for refusing bail

Grounds for refusing bailThe right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’...

19th May

Practice notes

Anti-social behaviour—environmental breaches

Anti-social behaviour—environmental breachesThis Practice Note explains the powers available to deal with anti-social behaviour in an environmental...

Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building 19th May

Practice notes

Excluding evidence of bad character

Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...

Produced in partnership with Hannah Thomas of 2 Hare Court 19th May

Practice notes

Conducting an appeal in the Court of Appeal Criminal Division (CACD)

Conducting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...

19th May

Practice notes

Starting an appeal in the Court of Appeal Criminal Division (CACD)

Starting an appeal in the Court of Appeal Criminal Division (CACD)Coronavirus (COVID-19): This Practice Note contains guidance impacted by the...

19th May

COVID-19

Practice notes

Abuse of process in criminal proceedings

Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...

19th May

Practice notes

Criminal Practice Directions

Criminal Practice DirectionsThe Lord Chief Justice has power, including power under the Courts Act 2003 and the Constitutional Reform Act 2005, to...

19th May

Practice notes

Disclosure of evidence in Scottish criminal proceedings

Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....

Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May

Scottish Law

Practice notes

Mitigation in the sentencing of criminal offences

Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...

19th May

Most recent Fraud content

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false)...

1st Aug

Q&As

Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?

Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?False representation...

1st Aug

Q&As

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was paid to the hacker (Party C). Who is at fault and can Party B recover the funds from Party A?

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was...

31st Jul

Q&As

Do you have any Precedents to start a claim against an individual who fraudulently solicited payment into his own account rather than a supplier’s account?

Do you have any Precedents to start a claim against an individual who fraudulently solicited payment into his own account rather than a supplier’s...

31st Jul

Q&As

While a director is awaiting trial for offences under section 993 of the Companies Act 2006 for fraud, can they be stopped from trading ?

While a director is awaiting trial for offences under section 993 of the Companies Act 2006 for fraud, can they be stopped from trading ?Section 993...

31st Jul

Q&As

What remedies may be available to a person who has entered into a transaction to buy shares, where it transpires that the purported seller of such shares has neither title to nor the capacity/authority to sell such shares?

What remedies may be available to a person who has entered into a transaction to buy shares, where it transpires that the purported seller of such...

31st Jul

Practice notes

Pension liberation—an introduction

Pension liberation—an introductionCORONAVIRUS (COVID-19) UPDATE: In light of the coronavirus pandemic, the Pensions Regulator (TPR) issued guidance...

Produced in partnership with Rebecca Bennett of Needle Partnership and Natasha Peacock of Needle Partnership 31st Jul

Practice notes

Benchmark enforcement action—essentials

Benchmark enforcement action—essentialsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...

Produced in partnership with Brown Rudnick 31st Jul

Practice notes

Fraud by false representation—sentence tracker

Fraud by false representation—sentence trackerSentences for fraud by false representationA person convicted of fraud by false representation in the...

30th Jul

Practice notes

Fraud by failure to disclose and abuse of position

Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...

30th Jul

Practice notes

Boiler room fraud

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...

30th Jul

Practice notes

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under...

30th Jul

Practice notes

Fraudulent trading under the Fraud Act 2006

Fraudulent trading under the Fraud Act 2006Fraudulent trading under the Fraud Act 2006A defendant who is a sole trader, in a partnership or a trust,...

30th Jul

Practice notes

Internal company fraud investigations

Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...

30th Jul

Practice notes

Prosecuting fraud offences—the Fraud Protocol

Prosecuting fraud offences—the Fraud ProtocolFraud ProtocolThe procedure and management of fraud trials is determined by the Lord Chief Justice’s...

30th Jul

Practice notes

Dishonesty in the criminal law

Dishonesty in the criminal lawDishonesty is a state of mind, which is relevant for the purposes of some criminal offences. Dishonesty provides the...

30th Jul

Practice notes

Possessing or making articles for use in fraud

Possessing or making articles for use in fraudIt is an offence for a person to possess, or have under their control, any article for use in the course...

30th Jul

Practice notes

Obtaining services dishonestly under the Fraud Act 2006

Obtaining services dishonestly under the Fraud Act 2006Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act,...

30th Jul

Practice notes

Conspiracy to defraud

Conspiracy to defraudOffence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of...

30th Jul

In-house

Practice notes

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud...

30th Jul

Fraud

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Latest Corporate Crime News

WhatsApp faces revamped EU GDPR penalty after national enforcers contest fine range

Amazon fined record €746m for EU GDPR privacy breach

FCA probes Monzo bank over potential AML breaches

Witness in ENRC claim calls into question SFO’s disclosure exercise in 2016 privilege case

Featured Corporate Crime content

Involuntary manslaughter

Sentencing for rape

Burglary

GOC—interim orders

Most recent Fraud content

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What is a third party debt order (TPDO)?

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