Q&As

View Corporate Crime by content type:

News

Practice notes

Precedents

Q&As

Latest Corporate Crime News

UK banks shift method for reimbursing scam victims

The following Corporate Crime news provides comprehensive and up to date legal information on UK banks shift method for reimbursing scam victims

Lifting US sanctions on Iran would increase financial activity

The following Corporate Crime news provides comprehensive and up to date legal information on Lifting US sanctions on Iran would increase financial activity

No requirement for a legally represented defendant to be present for s 51 sending hearing (R v Umerji)

The following Corporate Crime news provides comprehensive and up to date legal information on No requirement for a legally represented defendant to be present for s 51 sending hearing (R v Umerji)

Corporate Crime weekly highlights—29 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—29 April 2021

Featured Corporate Crime content

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...

Involuntary manslaughter

Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Transferred malice

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...

Practice notes

Causation and intervening acts in criminal cases

Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...

9th Nov

In-house

Practice notes

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’)...

9th Nov

Practice notes

Common law offence of false imprisonment

The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...

9th Nov

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

Exclusion of unfair evidence in criminal proceedings

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...

Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan

Practice notes

Assault occasioning actual bodily harm

The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...

9th Nov

Practice notes

Trials under the Scottish solemn procedure

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 Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Possession with intent to supply

Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...

Produced in partnership with Red Lion Chambers 12th Jan

Practice notes

Boiler room fraud

What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...

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

The defence of insanity

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'...

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

Stages of a summary trial

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

9th Nov

In-house

Practice notes

Obtaining excluded material and special procedure material under PACE 1984

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...

Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan

Practice notes

Criminal trial held in the absence of the defendant

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

9th Nov

Most recent Q&As content

Q&As

Do I have to make a suspicious activity report where I have been unable to apply CDD measures?

This Q&A reflects draft Legal Sector Affinity Group (LSAG) AML guidance, published on 20 January 2021. It awaits HM Treasury approval. Note that any...

4th May

Q&As

What is a cut-throat defence in criminal proceedings?

When one defendant in a criminal trial seeks to advance a defence case to the effect that the perpetrator of a criminal act was their co-accused (ie...

29th Apr

Q&As

What is the EU Directive on criminalising money laundering?

Directive on criminalising money launderingOn 12 November 2018, the Directive (EU) 2018/1673 of the European Parliament and of the Council of 23...

27th Apr

Q&As

Is it considered as tipping off if a law firm tells its client that it has informed Companies House about a discrepancy in beneficial ownership information?

The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (MLR 2019), SI 2019/1511 which implement the provisions of the Fifth Money...

Produced in partnership with Peter Steel of Augury Consulting Limited 27th Apr

Q&As

How might the provisions for calculating a monetary penalty for the purposes of section 146 of the Policing Crime Act 2017 apply in the context of a pension fund, where the fund provides a monthly cashflow to the trustees of a pension scheme for which the trustees have paid a premium? Would the relevant value of the funds or resources be calculated by reference to the monthly payment that corresponds to the benefits payable from the pensions scheme to a sanctioned individual (where one receives payments from the scheme), or would it be, for example, the part of the premium paid by the trustees that relates to the sanctioned individual or some other measure entirely?

If funds are made available (directly or indirectly) to a designated person, or economic resources are made available (directly or indirectly) that...

22nd Apr

Q&As

What are the consequences for pension scheme trustees if pensions are paid to members on the ‘Consolidated List of Financial Sanctions Targets’ issued by the Office of Financial Sanctions Implementation? What obligations do pensions trustees have to carry out due diligence to safeguard against pensions being paid to such individuals?

UK sanctions regimeFinancial sanctions in the UK may be imposed by the UN Security Council, through UN Security Council Resolutions. These are...

22nd Apr

Q&As

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case law on the reverse onus for burdens of proof if the individual is a named policyholder? Can they rely on their own failure to register as the vehicle keeper with the DVLA as prima facie evidence they were not the actual owners?

In Cameron v Liverpool Victoria Insurance Co Ltd, Ms Cameron was injured when her car collided with a Nissan Micra. The driver of the Micra made off...

21st Apr

Q&As

US government surveillance in the context of EU data protection law

In Data Protection Commissioner v Facebook Ireland and Maximillian Schrems, Case C-311/18 (Schrems II), the Court of Justice of the European Union...

20th Apr

Q&As

Is the Privacy Shield applicable to special categories of personal data? Can a UK organisation send special category personal data to a US organisation if that US organisation is Privacy Shield registered to process those particular categories?

The Privacy ShieldAs explained in Practice Notes: The Privacy Shield [Archived] and International transfers of personal data under the GDPR, Chapter V...

20th Apr

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

20th Apr

Brexit

Q&As

What are the differences between the two proposed corporate offences involving the facilitation of tax evasion, who can commit the offences and what defences are going to be available?

DisclaimerThis Q&A is based on the draft Criminal Finances Bill (CFB) 2017 as at 23 April 2017, at which point it had not received Royal Assent. For...

Produced in partnership with James Brockhurst of Gowling WLG 19th Apr

Q&As

Do you have any Practice Notes or Precedents which deal with the sale of perishable goods, such as food?

AdvertisingIn relation to the sale of perishable goods to the end consumer, see Practice Notes:•Food advertising: this Practice Note considers the law...

16th Apr

Q&As

What is the penalty the magistrates court can impose on summary conviction for breaching section 33 of the Environmental Protection Act 1990?

Legislative references to the power of a magistrates’ court to impose a sentence of imprisonment of up to 12 months on summary conviction can lead to...

15th Apr

Q&As

My firm has received a document from the other side which appears to be privileged. What should I do?

Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...

Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr

Q&As

What is the time limit for prosecuting a defendant for failing to have a licence for a house in multiple occupation?

Part 2 of the Housing Act 2004 (HA 2004) makes provision for a house in multiple occupation (HMO) to require a licence.HA 2004, s 61 imposes the legal...

8th Apr

Q&As

Under product safety law, whose name and address (importer, producer, manufacturer or other) should be detailed on (the packaging of) an imported product placed on the market in the UK?

We have assumed that:•a company imports goods manufactured in China into the UK•the specific products are not dealt with explicitly in the products...

8th Apr

Q&As

What is the sifting process for Brexit legislation?

Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (Brexit SIs) are formally laid in...

8th Apr

Brexit

Q&As

Could the Brexit transition period be extended due to coronavirus (COVID-19)?

Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond.In light of COVID-19 developments and...

8th Apr

Brexit

COVID-19

Q&As