Businesses facing prosecution for recent or historic bribery and corruption offences need quick, accurate, and practical advice on investigations and self-reporting. Our content offers unique practical insight.
Investigations into workplace accidents can be lengthy and complex. Our content provides practical advice on health and safety and gross negligence manslaughter offences, investigations and prosecutions.
Private prosecutions are on the rise, as businesses see it as a way to secure justice in financial crime cases. Our bespoke suite supports anyone seeking to bring and challenge private prosecutions.
As the scope and volume of corporate criminal offences increase, keeping track of changes is a constant challenge. Our weekly highlights and trackers keep you up to date with all the latest developments.
A round-up of the latest health and safety prosecutions, including a construction company fined after a worker fell through an unprotected floor...
Spotlight on Corruption has published its response to HM Treasury’s (HMT) consultation on reforms to anti-money laundering (AML) and counter-terrorist...
The Financial Conduct Authority (FCA) has published Final Notices imposing financial penalties on Richard Adam and Zafar Khan, former group finance...
Corporate Crime analysis: Trial by jury has long been described as a constitutional bulwark against state power, and the Justice Secretary’s recent...
The Department for Science, Innovation and Technology (DSIT) has announced a £210m Cyber Action Plan setting out measures to strengthen cyber...
How to conduct an investigation into environmental crimeThe following questions and issues should be at the forefront of an environmental lawyer’s...
Offences that can be committed by jurorsThe range of offences which a juror can commit in relation to a trial they are trying was increased with the...
Variation or discharge of a restraint orderApplication to discharge a restraint orderAny person affected by a restraint order, as well as the person...
The pre-action protocols and when they applyThis Practice Note details the pre-action protocols, referring to the Practice Direction Pre-Action...
Offences relating to hackney carriages and private hire vehiclesHackney carriages and private hire vehiclesA 'hackney carriage' is a vehicle which is...
Financial sanctions breach report formPlease supply as much information as possible about this suspected breach.If you require any help to complete...
Sanctions breach—panic sheet1Consider seeking external adviceGiven the complicated nature of most sanctions regimes; the potential for offences to...
Sanctions breach response form and action plan1General informationDate[Insert date]Name of person completing this response form and action plan[Insert...
Internal investigation—investigation reportPrivileged and confidentialNot for onward transmission without reference to [insert, eg Head of Legal]Date...
Product safety teamsheet1Internal teamPerson in charge of Product Safety[Name and contact details of person in the organisation with overall...
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...
Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the...
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil...
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
Causing fear or provocation of violenceThe offence of causing fear or provocation of violenceThe offence of causing fear or provocation of violence...
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
Burden and standard of proof in criminal proceedingsThere are two kinds of ‘burden’ in criminal proceedings:•the legal burden, and•the evidential...
Time limits for commencing criminal proceedingsFor information on how criminal prosecutions are commenced in England and Wales, see Practice Notes:...
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
Threats to killThis Practice Note covers the offence of threats to kill. It looks at what the prosecution must prove and explores each of the elements...
AutomatismDefinition of automatismAn act is done in a state of Automatism if it is done by the body without control by the mind, (eg it is a spasm or...
Evidence of prior conduct that suggests the defendant has a tendancy towards crimes of a similar nature to the instant case or to be untruthful.
The Company Directors Disqualification Act 1986, s2 provides that where a person is convicted of an indictable offence, whether on indictment or summarily, in connection with the promotion, formation, management, liquidation or striking off of a company, or with the receivership of a company's property or with his being an administrative receiver of a company, the court may impose disqualification from being a company director (etc).
Material obtained by an investigator which is relevant to the investigation, but which does not actually form part of the case for the prosecution against the accused.