This Practice Note considers previous convictions, including what is meant by a spent conviction, when convictions will not become spent, rehabilitation periods and the categorisation of other means of disposal including conditional cautions/absolute discharges and fixed penalty notices etc, for criminal records purposes. It also considers, for organisations, disposals such as non prosecution or deferred prosecution agreements (DPAs). In addition, it explains how previous convictions or cautions (an offender’s criminal record) might impact upon new criminal investigations (including via searches using the Police National Computer (PNC)) and decisions to prosecute. This includes decisions to offer DPAs where corporate recidivism is concerned, requirements to disclose previous convictions in criminal or quasi criminal matters, for example when complying with a duty of candour to the court, bail applications, good and bad character assessments and sentencing. It also considers proof of previous convictions as an element of the offence.
This Practice Note explains the process of debarment for bribery convictions in the context of public procurement under the Public Contracts Regulations 2015, highlighting where the power to debar comes from and when it applies to offences under the Bribery Act 2010.
This is a checklist of offences for which a company may be debarred from tendering for public contracts under the Public Contracts Regulations 2015.
This Note sets out the general process by which an economic operator can challenge a decision of a contracting authority under the Public Contract Regulations 2015 and highlights some of the possible routes available to companies seeking to oppose debarment.
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