The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note provides a summary of key bribery convictions and alternative disposals since the implementation of the offences under the Bribery Act 2010 (BA 2010). It does not cover cases which continue to be brought under the pre-BA 2010 legislation, including prosecutions under the three acts collectively known as the 'Prevention of Corruption Acts' (The Public Bodies Corrupt Practices Act 1889, The Prevention of Corruption Act 1906 (PCA 1906) and The Prevention of Corruption Act 1916 (PCA 1916)). For more information on the prosecution of bribery and corruption offences generally, see Practice Notes: The Bribery Act 2010—an introductory guide, Active bribery, passive bribery and bribing foreign public officials, Failing to prevent bribery and Pre BA 2010 bribery and corruption—Practicalities [Archived].
The cases demonstrate that disposals for offences under the BA 2010 can take a variety of forms:
prosecution proceedings can be commenced against an individual or corporate entity suspected of bribery
as an alternative to immediate prosecution, the Serious Fraud Office (SFO) may agree a deferred prosecution agreement (DPA) with a corporate entity, for more information, see Checklist: Deferred Prosecution Agreements entered into to date—checklist as well as Practice Notes: Deferred prosecution agreements, Terms and content of a DPA and DPAs in practice
as happened in the case of Glenrothes (Brand–Rex) (see below), a civil recovery settlement could be agreed between the prosecutor
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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