The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the rights contained in the European Convention on Human Rights (ECHR) (see Practice Note: An introduction to the Human Rights Act 1998). The exercise of the power of arrest is a significant interference with that right. If a person is detained unlawfully it is a trespass and constitutes false imprisonment. The lawfulness of an arrest is based on strict statutory criteria.
Before 1 January 2006, the test was whether the person was suspected of having committed an arrestable offence. This was a two stage test, requiring a determination of:
whether the offence was serious enough to be an arrestable offence, and
whether it was a reasonable belief
The test for reasonableness was the Wednesbury unreasonableness test.
This test was changed by the Serious Organised Crime and Police Act 2005 (SOCPA 2005), which replaced sections 24 and 24A of the Police and Criminal Evidence Act 1984 (PACE 1984). It replaces the concept of seriousness with one of necessity and requires two elements:
a person's involvement or suspected involvement in the commission of a crime, and
reasonable grounds for believing that arrest is necessary
Under PACE 1984, s 24(2), an officer must have reasonable grounds (a) for suspecting that an offence has
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
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
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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