Corporate Crime analysis: On 16th April 2024 the Court of Appeal handed down its judgment in R v Haden, Smith, Blair & Rohelsaar and Mann, allowing all the prosecution appeals concerning delay in confiscation proceedings. The two-year limit after conviction set out in section 14(5) of the Proceeds of Crime Act 2002 (POCA 2002) for the determination of confiscation proceedings appears to be no more than notional. Written by Grace Khaile, probationary tenant at Mountford Chambers.

Corporate Crime analysis: In an appeal against a confiscation order under the Proceeds of Crime Act 2002 (POCA 2002), the Court of Appeal held that it had jurisdiction to hear an appeal from a judge against a property interest determination under POCA 2002, s 10A. It also held that mere storage of waste could be a criminal offence and so a person convicted may have a confiscation order made against them by reference to the costs avoided by not clearing the waste. The court considered the relationship between POCA 2002 restraint orders and their effect on unregistered proprietary charges, holding that a registered restraint order against real property does not trump an unregistered equitable charge. Written by Kennedy Talbot QC, barrister at 33 Chancery Lane.

Liability that is imposed on the defendant by the State through the use of statutory controls.

This flowchart sets out the process for determining whether or not a defendant has

Criminal misconduct by employees within the workplace has become an area of legal, regulatory and reputational risk for organisations. Criminal misconduct encompasses a broad range of behaviours such as harassment, sexual misconduct, violence and drug use. This Practice Note outlines the potential workplace scenarios in which criminal misconduct may arise and the related offences. It also addresses key practical issues for businesses, including strengthening policies and governance frameworks, conducting internal investigations, managing whistleblower reports, mitigating reputational risk, navigating HR considerations and complying with reporting obligations. Note that this Practice Note focuses on general criminal offences that can be committed by an employee, as opposed to corporate criminal offences such as fraud, bribery, etc. Background There has been increasing awareness of general criminal misconduct within organisations in recent years, giving rise to heightened concerns. For example, in March 2024, the House of Commons Treasury Committee published its report Sexism in the City, which found that sexual harassment, including serious sexual assault and rape, and bullying were still prevalent in financial services and criticised how poorly

A person is negligent if he fails to comply with the standards of the reasonable man.

This Practice Note considers the effect of the data protection provisions set out in Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA 2018) on an employer’s ability to ask questions about an individual’s criminal record or carry out DBS checks in respect of an employee or potential employee. It also takes account of the Data (Use and Access) Act 2025 (DUAA 2025) (see Practice Note: Data (Use and Access) Act 2025—employment implications). Employers may wish to know whether a prospective employee has a criminal record, for example because: • it reflects on the employee’s character and suitability for the position, or • the information is required for regulatory purposes Such information may be obtained by asking questions of the prospective employee or by carrying out checks with the Disclosure and Barring Service (DBS). Employers are not generally entitled to full disclosure of all previous convictions and cautions. The Rehabilitation of Offenders Act 1974 (ROA 1974) provides for convictions to become spent, and a convicted

The offence of contravening or failing to comply with the food hygiene requirements—Regulation 19(1) Under Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, reg 19 ‘any person who contravenes or fails to comply with the specified EU provisions commits an offence’. The specified provisions are contained in FSH(E)R 2013, SI 2013/2996, Sch 2 (as amended by General Food Law (Amendment etc) (EU Exit) Regulations, SI 2019/641) and relate mainly to Assimilated Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law (the Assimilated Food Safety Regulation), Assimilated Regulation (EC) 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (Assimilated Food Hygiene Regulation) and Assimilated Regulation (EC) 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (Assimilated Food of Animal Origin Hygiene Regulation). Offences

ARCHIVED: This archived Practice Note is not being maintained. The Money Laundering Regulations 2007, SI 2007/2157, (MLR 2007, SI 2007/2157) were revoked and replaced by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, (MLR 2017, SI 2017/692). From 26 June 2017, offences under MLR 2007, SI 2007/2157 can no longer be committed although offences which occurred on or before 25 June 2017 may still be investigated and prosecuted under MLR 2007, SI 2007/2157. This Practice Note is therefore retained to assist those advising on investigations and prosecutions for offences under MLR 2007, SI 2007/2157. For information on the offences and investigations under MLR 2017, SI 2017/692, see Practice Note: Offences under the Money Laundering Regulations 2017 (MLR 2017). Overview of the Money laundering regulations The Money Laundering Regulations 2007, SI 2007/2157 (MLR 2007) came into force on 15 December 2007 and substantially implement Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the

The Pension Schemes Act 2021 On 11 February 2021, the Pension Schemes Act 2021 (PSA 2021) received Royal Assent. PSA 2021 amends the Pensions Act 2004 (PA 2004) to introduce a number of measures that have a significant impact on corporate and restructuring activity involving a company or a group which operates a UK defined benefit pension scheme, including: • two criminal offences—‘avoidance of employer debt’ and ‘risking accrued scheme benefits’ which came into force on 1 October 2021. These criminal offences are covered in this Practice Note • wider circumstances in which the Pensions Regulator (TPR) can issue a contribution notice (CN) under its ‘moral hazard powers’ to make third parties liable to contribute towards the funding deficit in a scheme by adding two threshold tests: the ‘employer insolvency test’ and the ‘employer resources test’. These additional tests also came into force on 1 October 2021. For a general overview of CNs, see Practice Note: Contribution Notices • extended information-gathering powers for TPR, including a power to require

Criminal procedure describes the rules and processes governing how criminal cases are investigated, prosecuted, tried and appealed, from first police contact through to sentencing and enforcement. It covers matters such as arrest, detention, charge, bail, disclosure, mode of trial, allocation, evidential rules, jury directions, pleas, trial management, sentencing procedure and appeal routes. The term is descriptive rather than a single statutory definition, but is underpinned by legislation, court rules and case law in each jurisdiction. In England and Wales, criminal procedure is primarily governed by the Police and Criminal Evidence Act 1984, the Criminal Procedure and Investigations Act 1996, the Criminal Procedure Rules and Criminal Practice Directions. In Scotland, it is largely set out in the Criminal Procedure (Scotland) Act 1995, supplemented by Act of Adjournal and authority on “solemn” and “summary” procedure. In Northern Ireland, key sources include the Police and Criminal Evidence (Northern Ireland) Order 1989 and Criminal Justice (Northern Ireland) legislation. In Ireland, criminal procedure is principally governed by the Criminal Justice Acts, the Courts (Supplemental Provisions) Act 1961 and associated rules of court. Across all four jurisdictions, criminal procedure is closely linked to fair trial rights and the administration of justice.

This Practice Note aims provide a practical guide to the implications of criminal proceedings and convictions upon healthcare practitioners and the integrity of the register which the healthcare regulator has a statutory duty to maintain. It should be read in conjunction with Practice Note: Common principles in fitness to practice proceedings and the specific Practice Note for each of the healthcare regulators below: • General Dental Council—fitness to practice proceedings [Archived] • General Medical Council—fitness to practice proceedings [Archived] • General Optical Council—fitness to practise proceedings [Archived] • General Pharmaceutical Council—fitness to practice proceedings [Archived] • Health and Care Professions Council—fitness to practice proceedings [Archived] • Nursing and Midwifery Council Proceedings—fitness to practice proceedings [Archived] • Social Work England—fitness to practice proceedings [Archived] Function of criminal courts v fitness to practise proceedings The different functions and interaction of the criminal courts and regulatory bodies was examined and set out in the decision in Bawa-Garba v GMC: ‘…the