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Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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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
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
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
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
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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9th Nov
Practice notes
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...
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9th Nov
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...
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Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

Most recent Company offences content

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
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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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 9th Apr
Practice notes
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...
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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
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
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
Offence of material omissions from statement relating to company's affairsIt is an offence for any present or past officer of a company which is being...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Fraudulent tradingFraudulent trading is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). This offence is charged for offences...
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9th Apr
Practice notes
Providing false statement to an auditorThe Director of a company must produce a report each financial year, unless the company is subject to the small...
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9th Apr
Practice notes
Duty to keep accounting recordsEvery company has a duty to keep adequate accounting records. The purpose of this duty is to ensure businesses record...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note describes the criminal offences that are of most relevance to company directors, and:•focuses on offences which an individual...
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8th Apr
Practice notes
Coronavirus (COVID-19) IMPACT: Certain aspects of the PSC regime are affected by temporary measures introduced to mitigate the consequences of the...
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8th Apr
Practice notes
The offence of acquisition of limited company's own shares The general rule is that a limited company must not acquire its own shares, whether by...
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1st Apr
Practice notes
Company investigations under section 432 of the Companies Act 1985Companies are regulated by the Department of Business, Energy and Industrial...
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16th Mar
Practice notes
Commencing proceedings against a companyBefore a company is prosecuted a decision will be taken as to who is the appropriate prosecuting body. Once...
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11th Mar
Practice notes
Insider dealing—the criminal offenceInsider dealing is the use of sensitive or privileged information that has not yet been released to the public in...
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Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 5th Mar
Practice notes
What is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors then transfer only...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 1st Mar

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