The following Risk & Compliance practice note produced in partnership with Michael Potts of PCB Byrne provides comprehensive and up to date legal information covering:
A dawn raid can be carried out on any business, no matter how big or small, and therefore every business must be mindful to the possibility of a raid. The potential for a dawn raid to be executed against an organisation is an everyday reality for many businesses, given the increasing criminalisation of business practices, growing numbers of regulatory criminal offences and the proliferation of money laundering laws and regulations. The prospect of an intervention by the UK authorities has increased since the introduction of the Bribery Act 2010 and the corporate offence of failure to prevent bribery. This offence is mirrored by a corporate offence of failure to prevent tax evasion introduced by the Criminal Finances Act 2017, and the government is considering whether to expand on corporate failure to prevent offences further.
It is essential therefore to plan for a possible dawn raid and to ensure staff are briefed and ready to respond efficiently and properly in what may be a chaotic and stressful situation. This Practice Note sets out how to put together an action plan for dealing with a dawn raid. It covers putting a Response Team together and the steps you should take immediately on a raid commencing and during and at the end of a raid—see Precedent: Dawn raid—action plan.
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