Bankruptcy offences

Copyright © 2025 LexisNexis

Bankruptcy is an insolvency process for individuals, which commences on the day the bankruptcy order is made.

For information on bankruptcy proceedings generally, see:

  1. •

    Bankruptcy—overview

  2. •

    Personal insolvency for dispute resolution practitioners: bankruptcy

  3. •

    Bankruptcy petitions—process and procedure post-presentation of the petition

Many of the criminal offences created by IA 1986 relate to the failure of a bankrupt person to perform their duties under IA 1986.

Bankruptcy offences

The bankruptcy offences are found in the IA 1986, Pt IX, Chapter VI.

All the offences are triable either-way so can be tried in the magistrates' court or in the Crown Court and, proceedings in each case can only be instituted by the Secretary of State or by, or with the consent of, the Director of Public Prosecutions.

The maximum penalty for each bankruptcy offence is set out in the IA 1986, Sch 10.

There is little guidance on sentencing those convicted of a bankruptcy offence. However, the Court of Appeal has said that those who conceal assets and use them to pay personal debts could expect to receive a custodial sentence,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Corporate Crime News

Foreign influence and malicious actors—another regulated sector

Corporate Crime analysis: On 8 July 2025, convictions were secured against the three men responsible for the March 2024 arson attack on an East London warehouse containing humanitarian aid and technology destined for Ukraine. The men were acting at the direction of the Wagner Group, a proxy for Russian state interests, and one of the three is understood to be the first person to be convicted of offences under the National Security Act 2023 (NSA 2023). The NSA 2023 has also made headlines by permitting for the introduction of polygraph evidence in relation to individuals who are subject to a Prevention and Investigation Measures notice. Gavin Irwin discusses the wide-ranging powers contained in the NSA 2023 and the Foreign Influence Registration Scheme (FIRS).

The Criminal Procedure Rules 2025—sharper rules, higher stakes

Corporate Crime analysis: The Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025) come into force on 6 October 2025, marking the first full consolidation in five years. Liam Lane of Peters & Peters explains that while many of the changes introduced by the CrimPR 2025, SI 2025/909 are structural, the enhanced clarity and harmonised procedures will have practical implications for lawyers, reinforcing that compliance with the Rules remains compulsory and central to the smooth operation of criminal justice.

OFSI publishes annual frozen assets reporting notice for 2025

The Office of Financial Sanctions Implementation (OFSI) has published its annual frozen assets reporting notice for 2025. The notice outlines the annual reporting obligations under UK financial sanctions legislation. All individuals and entities holding or controlling funds or economic resources belonging to designated persons must provide the required report to OFSI by 30 November 2025. This includes assets both within the UK and overseas, provided they fall under UK jurisdiction. Reports must reflect the status of these assets as of 30 September 2025.

Administrative Court Judicial Review Guide 2025 published

HM Courts & Tribunals Judiciary has published updated guidance for court users in England and Wales on judicial review in the Administrative Court. The Administrative Court Judicial Review Guide 2025 provides general information on how judicial reviews should be conducted, including the relevant statutory provisions, procedural rules, practice directions and case law. The guide also includes contact details for the court, information on the relevant forms and fees and current service addresses for government departments. The 2025 edition replaces the 2024 edition. While the majority of the guidance is unchanged, we have summarised the key substantive updates. Notably, the 2025 edition introduces a specific warning on the use of AI in the preparation of skeleton arguments and the penalties for citing false authorities.

View Corporate Crime by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Offences of non-disclosure in bankruptcy

Offences of non-disclosure in bankruptcyFailure to submit a statement of affairsWhere a bankruptcy order has been made otherwise than on a debtor’s petition ie by the bankrupt himself, the bankrupt has 21 days beginning with the commencement of the bankruptcy to submit a statement of affairs.A

Fraudulent trading under section 993 Companies Act 2006

Fraudulent trading under section 993 Companies Act 2006Fraudulent tradingFraudulent trading by a company is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). Section 9 of the Fraud Act 2006 (FrA 2006), makes fraudulent trading by sole traders, partnerships and trusts and

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Offences of non-disclosure in bankruptcy

Offences of non-disclosure in bankruptcy

Offences of non-disclosure in bankruptcyFailure to submit a statement of affairsWhere a bankruptcy order has been made otherwise than on a debtor’s petition ie by the bankrupt himself, the bankrupt has 21 days beginning with the commencement of the bankruptcy to submit a statement of affairs.A

Fraudulent trading under section 993 Companies Act 2006

Fraudulent trading under section 993 Companies Act 2006

Fraudulent trading under section 993 Companies Act 2006Fraudulent tradingFraudulent trading by a company is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). Section 9 of the Fraud Act 2006 (FrA 2006), makes fraudulent trading by sole traders, partnerships and trusts and

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid