Directors' disqualification orders in the criminal courts
Directors' disqualification orders in the criminal courts

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Directors' disqualification orders in the criminal courts
  • Disqualification and undertakings
  • Disqualification for fraud
  • Disqualification following conviction for failing to file company documents
  • Disqualification following investigation
  • Competition disqualification orders
  • Breach of a director disqualification order—sentencing

STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date when the offence was committed. The Sentencing Code is the name given to Parts 2–13 of the Sentencing Act 2020 (SA 2020) which together comprise the consolidated rules of procedure for the sentencing of criminal offences by the criminal courts in England and Wales. This Practice Note contains links to sentencing legislation which have been moved into the Sentencing Code and is in the process of being updated. See Practice Note: Sentencing Code for further information on the Sentencing Code and for assistance in locating relevant provisions within the Code.

A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director. Where a defendant has been convicted of an indictable offence, tried either on indictment or summarily, in connection with the promotion, formation, management or liquidation or striking off of a company, the sentencing court may make an order disqualifying the defendant from being a director under the Company Directors Disqualification Act 1986 (CDDA 1986). This means the defendant must not, without leave of the court, be:

  1. a director of a company

  2. a liquidator or administrator of a company

  3. a receiver or manager of

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