The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.
This Practice Note provides an introduction to the Sentencing Council’s General Guideline—overarching principles (the General guideline), which should be read in conjunction with offence specific sentencing guidelines and other overarching guidelines covering eg community and custodial sentences, offences taken into consideration, totality and reduction in sentence for a guilty plea.
For further information on sentencing practice, and the role of the Sentencing Council and its published definitive guidelines on sentencing, see Practice Note: Sentences and the power to vary a sentence. For further information on the Sentencing Council’s sentencing guidelines for use in the magistrates’ court (often referred to as the Magistrates’ Court Sentencing Guidelines or MCSG) and offence specific guidelines (previously described as definitive guidelines) for use by Crown Courts in England and Wales, see Practice Note: Sentencing criminal offences—sentencing guidelines and resources.
The General guideline applies to all individual offenders aged 18 or over and to organisations who are sentenced after 1 October 2019, regardless of the date of the offence. The General guideline replaced the Overarching Principles Seriousness: Definitive guideline (2004)
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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