This Practice Note provides information on the various offences that can be committed by a firm or individual during the course of an investigation by the Financial Conduct Authority (FCA). This includes failure to comply with a document or information requirement; destroying, falsifying or concealing documents; providing information which is known to be false or misleading; or obstructing a search warrant. The Practice Note also considers section 177 of the Financial Services and Markets Act 2000 (FSMA 2000), which sets out the mechanism for dealing with a failure to comply during the course of an FCA investigation. Note that the Practice: Financial Services Enforcement Database incorporates detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 onwards. The Database may be searched and filtered by fields including rule/legislation breach, keyword such as ‘Open and cooperative’, sector, date, financial penalty, aspects of financial penalty analysis, outcomes including redress and prohibition orders, and other actions such as referrals to the Upper Tribunal. Failure to comply with an FCA information or

A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below, is eligible for disposal by a DPA. Ancillary offences include offences

Change in control of authorised persons Part XII of the Financial Services and Markets Act 2000 (FSMA 2000) requires individuals or corporate bodies wishing to acquire or increase control in a UK authorised firm to seek prior approval from the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA). An existing controller must also notify the FCA or PRA when decreasing or ceasing control in a firm. SUP 11 in the FCA Handbook and the Change in Control Part of the PRA Rulebook give full details of the thresholds and requirements. Notifications for acquiring or increasing control are known as section 178 notifications and should be submitted to the FCA or the PRA as soon as a decision is made to acquire or increase control. Prior approval from the appropriate regulator is needed before there is any acquisition or increase in control. For further information on the change of control regime, see Practice Notes: • FSMA 2000 controllers regime—key concepts • Obligations of controllers—acquiring and increasing control • Obligations

Hackney carriages and private hire vehicles A 'hackney carriage' is a vehicle which is licensed to 'ply for hire', that is to provide a taxi service and wait on taxi ranks for customers. See Practice Note: Taxi licensing. Anyone who plies for hire without a hackney carriage licence commits an offence contrary to section 45 of the Town Police Clauses Act 1847 (TPCA 1847). It is an offence under section 167 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994), to tout for car hire services. See Practice Notes: Taxi touting or soliciting for hire and Taxi and private hire vehicles enforcement. A ‘private hire vehicle’ (PHV) is defined at section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976) as ‘a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle, or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers’. A ‘private

What are the key offences relating to the sale of knives? Section 141 of the Criminal Justice Act 1988 (CJA 1988) prohibits the sale of specified offensive weapons, which includes certain knives. The CJA 1988 also creates a specific offence in relation to the sale of knives and articles to persons under 18 years old. The offence, created under CJA 1988, s 141A, is a summary only offence. Sections 38, 39, 40 and 42 of the Offensive Weapons Act 2019 (OWA 2019) create separate offences relating to the delivery of bladed products to residential premises and the delivery of bladed products and bladed articles to persons under 18 years old. The Knives Act 1997 (KA 1997) creates two further offences relating to the unlawful marketing and publication of knives. These offences, created under KA 1997, ss 1 and 2, can be tried in the magistrates' court or the Crown Court. For information on these offences, see Practice Note: Unlawful marketing and publication of knives. Sale of offensive weapons under CJA 1988, s 141 CJA

The range of offences which a juror can commit in relation to a trial they are trying was increased with the introduction of four offences into the Juries Act 1974 (JA 1974) by the Criminal Justice and Courts Act 2015 (CJCA 2015). The existing offences under JA 1974 and the offence of contempt of court remain available to those investigating jury irregularities and misconduct. For further information on jury irregularities, see Practice Note: Dealing with jury irregularities. The Criminal Practice Directions (CPD) reflect the offences contained in the JA 1974, ss 20A–20D and the associated repeal of section 8 of the Contempt of Court Act 1981 (CCA 1981). Judge’s dealing with juror misconduct have a wide discretion as to how they wish to proceed with the offending juror. Provision of information to jurors Before a prospective juror sits on a jury, the court officer must arrange for each juror to receive general information about jury service and about a juror's responsibilities. The Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909

ARCHIVED: This Practice Note has been archived and is not maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on unfair commercial practices under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024. The regulatory regime under the Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 came into force on 26 May 2008. They ban traders in all sectors from using unfair commercial practices towards consumers that prevent them from making free and properly informed buying decisions. They apply to business-to-consumer transactions and apply to conduct before, during and after the contract is made. They also affect business-to-business practices closely connected to consumers. For example, a trader supplying food products to a supermarket

This Practice Note explains the criminal offences contained within the Data Protection Act 2018 (DPA 2018). These provisions came into force on 25 May 2018. For information about the purpose and scope of DPA 2018, see Practice Note: The Data Protection Act 2018. DPA 2018 repealed the Data Protection Act 1998 (DPA 1998) as of 25 May 2018. Data protection offences which occurred prior to 25 May 2018, may still be prosecuted under DPA 1998 after that legislation has been repealed. For information on data protection and data handling offences under DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [Archived] and Notification offences under the Data Protection Act 1998 [Archived]. The DPA 2018 was amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations, SI 2019/419, to amend reference to ‘GDPR’ to ‘UK GDPR’ which came into effect on 31 December 2020. The Data (Use and Access) Act 2025 (DUAA 2025), which received Royal Assent on 19 June 2025, also made

The Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert surveillance by public bodies. IPA 2016 replaced much of the framework which was largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This document sets out the offences that are created by IPA 2016. For information on the general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction. Section Offence Statutory defence Maximum sentence IPA 2016, s 3 Unlawful interception: a person intentionally intercepts a communication in the course of its transmission without lawful authority, by conduct in the UK. Defence if the person has a right to control the operation or use of the system, or had the express/implied consent of such a person to carry out the interception. Summary conviction: fineConviction on indictment: two years’ imprisonment and/or fine IPA

Power to make money laundering regulations post Brexit Post Implementation Period (IP) completion date, the power to make regulations is provided for by section 49 and Schedule 2 to the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). This Act, which received Royal Assent on 23 May 2018, was designed to provide a power for Ministers to make regulations for the purposes of enabling or facilitating the detection, investigation or prevention of money laundering and terrorist financing and implementing Financial Action Task Force (FATF) standards. For more information, see Practice Notes: Development of sanctions regime in the UK during the Brexit transition period [Archived] and Financial Action Task Force (FATF). See also, News Analysis: Impact of new Sanctions and Anti-Money Laundering Act considered. Introduction to the Money Laundering Regulations 2017 The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 came into force on 26 June 2017. MLR 2017 repealed and replaced the Money Laundering Regulations 2007 (MLR 2007), SI 2007/2157,

The Online Safety Act 2023 (OSA 2023) creates a number of offences aimed at addressing illegal and harmful online content. These include preventing the dissemination of false and threatening communications as well as communications that encourage or assist serious self-harm. Other offences include those relating to the Office of Communications’ (Ofcom) power to request certain information for the purpose ensuring online safety. The Data (Use and Access) Act 2025 (DUAA 2025), which received Royal Assent on 19 June 2025, amends OSA 2023 and Sexual Offences Act 2003 (SOA 2003), including imposing duties on Ofcom to issue information retention notices to internet service providers where a coroner or equivalent is investigating the death of a child and the creation of offences relating to the creation and requesting of purported intimate images. OSA 2023 contains provisions about Ofcom’s regulation of certain internet services (regulated services) and imposes duties of care on the providers of those regulated services, however these are not covered in this Practice Note. For information about the regulatory regime, legal duties

Background The Psychoactive Substances Act 2016 (PSA 2016) received Royal Assent on 1 February 2016 and came into force on 26 May 2016. The UK has seen increased usage and development of substances that mimic the effects of drugs regulated under the Misuse of Drugs Act 1971 (MDA 1971). It is accepted that these substances are difficult to identify and change on a frequent basis, making them difficult to regulate. They also pose a considerable threat to public health. In order for a drug to be controlled under MDA 1971, it must undergo a period of assessment by the Advisory Council on the Misuse of Drugs, which will consider what physical and social harms a drug may have. Although temporary class drug orders were introduced with the aim of reducing the amount of time required to control new substances, the classification of new drugs under MDA 1971 remains a time-consuming and expensive process requiring parliamentary approval. Following a review by an expert panel which reported in September 2014, the government