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Financial sanctions guidance shows subtle policy shift

The following Corporate Crime news provides comprehensive and up to date legal information on Financial sanctions guidance shows subtle policy shift

Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

Corporate Crime weekly highlights—15 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—15 April 2021

SEC official says agency can help self-reporting companies dig up information, achieve 'closure' in US FCPA cases

The following Corporate Crime news provides comprehensive and up to date legal information on SEC official says agency can help self-reporting companies dig up information, achieve 'closure' in US FCPA cases

Featured Corporate Crime content

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...

Written basis of plea and Newton hearings

When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...

Absolute and conditional discharge

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...

Practice notes

The indictment

The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

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...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Aggravated vehicle-taking

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...

9th Nov

Practice notes

Crown Court bail application

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Practice notes

Failing to surrender, absconding and breach of bail conditions

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...

9th Nov

Practice notes

Summary procedure in Scottish criminal proceedings

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Serious crime prevention orders

Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...

9th Nov

Practice notes

Threats to kill

The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...

9th Nov

Practice notes

Specific and basic intent

Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Cash seizure and detention

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...

9th Nov

Practice notes

Offending behaviour programmes

Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...

Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan

Practice notes

Application to dismiss

Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...

9th Nov

Practice notes

Affray

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

9th Nov

Practice notes

The statutory exceptions to the rule against hearsay in criminal proceedings

Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...

9th Nov

Practice notes

Case management in the magistrates’ courts

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...

Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

COVID-19

Most recent Financial Conduct Authority content

Practice notes

Dealing with dawn raids by the Financial Conduct Authority

What is the FCA?The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It...

Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr

Practice notes

Misleading statements under the Financial Services Act 2012

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 9th Apr

Practice notes

Insider dealing—a quick guide

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 9th Apr

Practice notes

Surveillance and intelligence gathering powers of the FCA

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert...

Produced in partnership with Carolina Bracken of 5 Paper Buildings 9th Apr

Practice notes

Criminal insider dealing (encouraging offence)—a quick guide

This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993 (CJA 1993), that is...

9th Apr

Practice notes

Appointment and powers of FCA investigators in criminal cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Misleading statements etc in relation to benchmarks

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Misleading the market and market manipulation under s 397 FSMA 2000 [Archived]

ARCHIVED: This archived Practice Note is not being maintained. In addition to the regime governing civil/regulatory market abuse, the Financial...

9th Apr

Practice notes

Internal company fraud investigations

Preliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the suspicion of fraud in the...

9th Apr

Practice notes

Spread betting and contracts for difference

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Market Abuse—pre Market Abuse Regulation [Archived]

This Practice Note is archived as is not maintained. This Practice Note provides an overview of the civil/regulatory regime which governed market...

9th Apr

Practice notes

Offences relating to change in control of UK authorised persons

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Insider dealing—sentence tracker

Insider dealing is the use of sensitive or privileged information that has not yet been released to the public to take advantage of the market. When...

9th Apr

Practice notes

Misleading impressions under the Financial Services Act 2012

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

The FCA and financial crime

The Financial Services Act 2012 (FSA 2012) significantly altered the regulatory landscape for financial services in the UK by, inter alia, introducing...

9th Apr

Practice notes

Financial crime in the financial services sector

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Criminal insider dealing (disclosing inside information offence)—a quick guide

This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993, that is encouraging...

9th Apr

Practice notes

Share ramping

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Market Abuse Regulation—unlawful disclosure of inside information and market soundings—quick guide

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

8th Apr

Practice notes