The following Corporate Crime practice note Produced in partnership with Kevin Dent (Barrister) of 5 St Andrew’s Hill provides comprehensive and up to date legal information covering:
Self-reporting is the process by which a business can report to law enforcement agencies upon its discovery of financial or other wrongdoing within the business, with a view to achieving lenient treatment and/or avoidance of prosecution.
In the UK this is most commonly associated with the Serious Fraud Office (SFO) and offences under the Bribery Act 2010 (BA 2010) but is not limited to either and there is no statutory requirement to self-report bribery (or corruption) if discovered.
By contrast, a mandatory scheme exists within health and safety and environmental law under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), SI 2013/1471. For more information, see Practice Note: Reporting of Injuries, Diseases and Dangerous Occurrences at Work Regulations 2013, SI 2013/1471 (RIDDOR)—general requirements.
A similar scheme exists under section 19 of the Terrorist Asset-Freezing etc Act 2010 (TAFA 2010) (reporting obligations of relevant institutions in relation to sanctions, under which failing to report attracts criminal liability). For more information, see Practice Note: Financial sanctions—offences.
Two ‘failure to prevent’ corporate criminal offences were created by sections 45 and 46 of the Criminal Finances Act 2017 (CFA 2017) in relation to the underlying criminal offences of facilitating a UK or foreign tax evasion offence. CFA 2017, s 51(3) adds these offences to the scheduled list of offences in respect of which a Deferred Prosecution Agreement
**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 considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.