The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Simple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008 (CJIA 2008). This is more commonly charged than an offence under the Obscene Publications Act 1959 as the element of publication is not required and so it is easier to prove. The high profile acquittal of Simon Walsh during August 2012 demonstrated vividly the difficulties involved in defending oneself of this offence and the implications of having the details of one's private life examined in detail in court.
See Practice Note: Obscene publications.
Pornography differs from obscenity in that obscene material may deprave and corrupt, and it may be violent or morally repugnant, whereas the pornography offence requires the images to be sexual images of a gross or extreme nature. Images of extreme violence may be obscene but will not be pornography unless they have a sexual origin or purpose. The offence is designed to stop the increase of extreme material and it applies equally online and offline, and to moving and still images, however produced.
The possession of extreme pornography offence cuts across the rights of an individual to a private life but the offence was intended to protect those who are coerced through trafficking or drug addiction to participate in creating these images. The offence requires the consent of the Director of Public Prosecutions
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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
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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