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, since 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
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Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Insurable interestThis Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also considers insurable interest in subrogation, co-insurance and double insurance and the Insurable Interest Bill.What is insurable interest?‘Insurable
Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but
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