Businesses facing prosecution for recent or historic bribery and corruption offences need quick, accurate, and practical advice on investigations and self-reporting. Our content offers unique practical insight.
Investigations into workplace accidents can be lengthy and complex. Our content provides practical advice on health and safety and gross negligence manslaughter offences, investigations and prosecutions.
Private prosecutions are on the rise, as businesses see it as a way to secure justice in financial crime cases. Our bespoke suite supports anyone seeking to bring and challenge private prosecutions.
As the scope and volume of corporate criminal offences increase, keeping track of changes is a constant challenge. Our weekly highlights and trackers keep you up to date with all the latest developments.
The Sentencing Council has launched its sixth annual miscellaneous amendments consultation, proposing changes to sentencing guidelines for...
A weekly round-up of the latest health and safety prosecutions, including a scrap metal recycling company fined after a father and son were injured by...
The Department for Business and Trade (DBT) and Export Control Joint Unit (ECJU) have published an updated Open General Licence (OGL) for the Global...
The Courts and Tribunals Judiciary (CTJ) has published an overview of the national listing framework and six supporting guidance notes ahead of the...
A weekly round-up of the latest trading standards prosecutions, including a Salford van trader sentenced for running a long-running vehicle fraud...
Legislative and policy frameworkAt an international level, the Basel Convention on the control of transboundary movements of hazardous wastes and...
IntroductionWhen transporting dangerous goods, a number of international rules must be followed relating to how the goods are packed, labelled and...
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) permits the court to draw an adverse inference from the failure of a defendant, following...
What is littering?Litter can be anything from a crisp packet to a bag of rubbish. All litter is unsightly and causes untidiness. Common litter items...
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements may be impacted by the Digital...
This guide provides general information about attending a voluntary interview under caution and what to expect. Your lawyer will be able to provide...
1Introduction1.1We run our business[es] with integrity. All of us must work together to ensure our business[es] remain[s] untainted by bribery and...
[name] [District] [Borough] [City] CouncilABATEMENT NOTICEmade under section 80 of the Environmental Protection Act 1990To: [name] of [address]Take...
1Consider seeking external adviceGiven the complicated nature of most sanctions regimes; the potential for offences to have been committed across...
1Introduction1.1We run our business[es] with integrity. All of us must work together to ensure our business[es] remain[s] untainted by bribery and...
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
AffrayAffray 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...
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...
Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the...
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil...
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
Causing fear or provocation of violenceThe offence of causing fear or provocation of violenceThe offence of causing fear or provocation of violence...
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
Burden and standard of proof in criminal proceedingsThere are two kinds of ‘burden’ in criminal proceedings:•the legal burden, and•the evidential...
Time limits for commencing criminal proceedingsFor information on how criminal prosecutions are commenced in England and Wales, see Practice Notes:...
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
Threats to killThis Practice Note covers the offence of threats to kill. It looks at what the prosecution must prove and explores each of the elements...
AutomatismDefinition of automatismAn act is done in a state of Automatism if it is done by the body without control by the mind, (eg it is a spasm or...
The process of determining mode of trial for either-way offences (adult offenders) and transferring the prosecution of an offence from the magistrates’ court to the Crown Court under Part 9 of the rules'>Criminal Procedure Rules.
A relevant person is required to apply customer due diligence measures in accordance with the provisions of the Money Laundering Regulations 2007, SI 2007/2157, regs 7, 9–13, and to conduct ongoing monitoring of a business relationship; in some cases, a relevant person must apply enhanced customer due diligence and ongoing monitoring.
An offender is, in legal practice, a person who has committed a criminal offence, ordinarily established by conviction. The term is used mainly post‑conviction in courts, sentencing, probation and offender management. Before conviction, practitioners should use suspect, accused or defendant, not offender, in line with the presumption of innocence.
There is no single universal statutory definition; offender is a descriptive expression used across criminal justice legislation and case law. Specific schemes define it for particular purposes, for example: relevant offender for sex‑offender notification requirements (under the Sexual Offences Act 2003 and cognate legislation; Sex Offenders Act 2001 in Ireland); dangerous offender for risk‑based sentences (Criminal Justice Act 2003 in England and Wales; Criminal Justice (Scotland) Act 2003 orders for lifelong restriction; Criminal Justice (Northern Ireland) Order 2008); and persistent or repeat offender in sentencing guidance. Young offender generally denotes under‑18s within youth justice systems, though terminology varies.
Practically, classification as an offender determines court jurisdiction, sentencing powers (custody, community orders), ancillary orders (e.g. Sexual Harm Prevention Orders, restraining orders), probation supervision, risk assessment and notification, and disclosure/rehabilitation periods (Rehabilitation of Offenders Act 1974 and analogous regimes). Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.