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GLOSSARY

Code for Crown Prosecutors definition

/kəʊd/ /for/ /kraʊn/ /ˈprɒsɪkjuːtə/

Published by a LexisNexis Corporate Crime expert

What does Code for Crown Prosecutors mean?

Issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985 and sets out the general principles Crown Prosecutors should follow when making decisions about prosecutions including the Full code and Threshold Tests for deciding whether to charge a suspect in specific circumstances.

Corporate Crime

Issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985 and sets out the general principles Crown Prosecutors should follow when making decisions about prosecutions including the Full Code and Threshold Tests for deciding whether to charge a suspect in specific circumstances.

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DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

Internal investigation on suspicion of failure to prevent bribery—checklist

Internal investigation on suspicion of failure to prevent bribery—checklist The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of failure to prevent bribery. This Checklist should be read in conjunction with Practice Notes: The Bribery Act 2010—an introductory guide, Failure to prevent bribery—the offence and Self-reporting corporate offences. Initial Considerations Oversight The top-level management of an organisation should be committed to preventing associated persons from engaging in bribery. They should foster a culture within the organisation in which bribery is unacceptable. Consider: • Has the company appointed an officer of sufficient seniority responsible for anti-bribery? • Does the Board, or an appropriately constituted sub-committee of the Board, have oversight of the work of the anti-bribery officer and any investigation arising out of reports of suspected bribery? Internal reporting/whistleblowing • Does the company have a defined whistleblowing strategy? • Is it well-known and enforced throughout the company? • Has your company got clear reporting channels for...

Discover our 2 Checklists on Code for Crown Prosecutors

Dealing with dawn raids by the Health and Safety Executive—key information

Dealing with dawn raids by the Health and Safety Executive—key information What is the HSE? The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to prevent death, injury, and ill health in Great Britain’s workplaces. The HSE uses a variety of methods to achieve its aims, including permission and licensing regimes, inspections, and investigations. What is a dawn raid? A dawn raid is an unannounced visit by authorities at a specified premises to enter and search that premises. Main reasons for an HSE raid HSE inspectors have a wide range of powers of investigation into incidents of non-compliance with health and safety laws. HSE investigates industrial accidents, small and large. The HSE states that it is guided by its own Enforcement Policy Statement, which reflects the principles of the Code for Crown Prosecutors as well as what law-abiding businesses and workers in general society expect of it. Powers The Health and Safety at Work...

Defending victims of trafficking in criminal proceedings

Defending victims of trafficking in criminal proceedings Statutory defences for victims of trafficking who commit offences—MSA 2015, s 45 MSA 2015, s 45 provides for a defence for slavery or trafficking victims who have been compelled to commit an offence as a direct consequence of their trafficking or slavery situation. These provisions are intended to encourage victims to come forward and give evidence without the fear of being convicted of offences that they were compelled to commit. A person who is over 18 year old is not guilty of an offence if they commit it because either: • they are compelled to do so • they were compelled as a result of slavery or relevant exploitation • a reasonable person with relevant characteristics in the same position as the person would have no realistic alternative to committing the offence Note that where the person is under 18 years old, a different test applies. This defence is not intended to have retrospective effect and apply to conduct committed before the coming...

Discover our 46 Practice Notes on Code for Crown Prosecutors

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee? Bribery Act 2010 The Bribery Act 2010 sets out four offences: • bribing another person (also known as active bribery) • soliciting or accepting a bribe (also known as passive bribery) • bribing a foreign public official, and • failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers. The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations. For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials for employment lawyers—Failure of commercial organisations to prevent bribery. See the Serious Fraud Office (SFO) Guidance on adequate procedures facilitation payments and business expenditure and the following documents (referred to in...

Can I negotiate an administrative penalty for a client being investigated for tax credit fraud?

Can I negotiate an administrative penalty for a client being investigated for tax credit fraud? Administrative penalties are available under sections 115A or 115B Social Security Administration Act 1992 (SSAA 1992). The Department for Work and Pensions (DWP) applies its own enforcement policy when making the decision whether to pursue a civil or criminal route. The Sanction Policy: In respect of fraudulent Social Security Benefit claims can be viewed atwww.dwp.gov.uk. The DWP's enforcement policy for tax credit offences broadly follows the DWP's enforcement (penalty) policy. However, it departs from the policy in one significant respect in that there is no discretion to impose an administrative penalty under SSAA 1992, ss 115A or 115B for tax credit offences. Please see the Practice Note: Tax Credit offences. However if a case is not referred to the Crown Prosecution Service, the DWP have discretion to refer a tax credit case to HM Revenue & Customs for HMRCs own civil penalty policy to be applied. The policy...

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Corporate Crime weekly highlights—7 September 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the House of Commons’ rejection of the House of Lords’ amendments to widen scope of the Economic Crime and Corporate Transparency Bill, of the first case to come before the English courts challenging the designation of an individual under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and of the changes the government is making to the environmental civil sanctions regime. Also included is news of a number of key speeches delivered at the Cambridge Symposium on Economic Crime, of the Office of Financial Sanctions Implementation’s (OFSI) first use of its disclosure enforcement powers and of calls made by the Serious Fraud Office (SFO) for government to narrow the scope of disclosure rules to ease the burden on prosecutors sifting through reams of materials amid an explosion in digital evidence. All this, and more, in this week’s Corporate Crime weekly highlights.

Corporate Crime weekly highlights—7 July 2022

This week's edition of Corporate Crime weekly highlights includes analysis of a shift in the UK’s approach to tackling money laundering, predictions of a wave of coronavirus (COVID-19) fraud prosecutions, as well as calls for tougher draft online safety rules to combat fraud. Also included is the announcement by the Serious Fraud Office (SFO) that it is has concluded its investigation into Chemring Group PLC and Chemring Technology Solutions Limited and the publication of new guidance on the use of live links in criminal courts. All this, and more, in this week’s Corporate Crime highlights.

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