The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note explains the scope and purpose of the Sentencing Code which was created by the Sentencing Act 2020 and which, from 1 December 2020, provides the single consolidated law on sentencing criminal offences in the courts in England and Wales.
The Sentencing Code is the name given to Parts 2 to 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. It replaces the huge volume of pre-existing legislation which provided the procedural requirements to be followed by magistrates’ courts, Crown Courts and the Court of Appeal Criminal Division and will be the sole reference point for the rules to be followed when sentencing convicted offenders.
Criminal lawyers practising in the criminal courts should be familiar with the Sentencing Code in conjunction with the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) and any applicable sentencing guidelines whenever representing individuals or corporate bodies convicted for offences.
For an introduction to the CrimPR, see Practice Note: The Criminal Procedure Rules.
For information on the sentencing guidelines published by the Sentencing Council to be followed by the courts during sentencing, see Practice Note: Sentencing criminal offences—sentencing guidelines and resources.
The Sentencing Code is the result of project by the Law Commission which started in January
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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