The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
A defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed. The conduct element of an offence usually requires proof of a positive act. There is no general duty to act, for example as a passer-by to save a person who appears to be drowning in a lake. An omission or failure to act will constitute the conduct or action element of the offence, and so give rise to liability, only where the defendant is under a legal duty to act. Where statute provides that an offence may be committed by omission it imposes a duty on a class of people and defines the scope of the duty. For example, failing to provide a specimen of breath when requested to do so contrary to the Road Traffic Act 1988, s 6 or failure to keep proper accounts or business records under the Companies Act 2006.
Where the offence is a result crime and requires proof of the consequences of the defendants conduct, such as murder, the court will determine whether a defendant's omission is criminal following consideration of two questions:
is the offence capable of being committed by omission?
was the defendant under a duty to act?
Where the court finds that the answer to both these questions is yes, the
**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
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.