The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.
An order for absolute discharge is an order discharging an offender absolutely in respect of an offence. An absolute discharge is the most lenient sentence available to the court.
It may be imposed where the court is satisfied that it would be 'inexpedient' to inflict a punishment on the convicted offender, taking into account the nature of the offence and the character of the offender.
An absolute discharge is usually only used where the court considers that the offender is technically guilty of an offence (and has been convicted) but otherwise blameless.
The making of an such an order does not prevent the court from imposing a disqualification other orders on the offender, see further below: Discharge and other court orders.
In practice, absolute discharges are fairly rare.
SA 2020, s 80 provides another sentencing option available to the courts for less serious offences.
Where the court is satisfied (having regard to the nature of the offence and the character of the offender), that it is inexpedient to inflict a punishment,
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.