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.
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HM Courts & Tribunals Service (HMCTS) reported the completion of its Digital Audio Recording Transcription (DARTS) modernisation project, which was...
This week's edition of Corporate Crime weekly highlights includes analysis of the Police Reform White Paper’s proposed structural reforms,...
A round-up of the latest health and safety prosecutions, including a grounds maintenance company fined after an employee was killed operating a...
The Ministry of Justice has published a letter addressed to the Justice Select Committee confirming that proposed restrictions on jury trials will...
The Department for Science, Innovation and Technology (DSIT) has announced plans to require tech platforms to detect and remove non consensual...
FCA financial crime guidance: FCG and FCTRThis Practice Note provides detailed practical guidance on the constituent parts of the Financial Conduct...
Understanding the UK trade sanctions regimeWhat are trade sanctions?Trade sanctions are measures which restrict the direct or indirect import and...
Trade sanctions—offencesThe Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) created a UK specific framework for the implementation and...
Corporate manslaughter—enforcement and prosecutionThe Corporate manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) extends to the whole of the...
The enforcement of trade sanctions breaches in the UKTrade sanctions are measures which restrict the direct or indirect import and export of goods,...
Judicial review—letter before claim[Insert the name and address of the proposed defendant]Dear [insert organisation name]Letter before claim in...
Upjohn warning (US)I am a lawyer for [insert organisation name]. I represent only [insert organisation name], and I do not represent you personally.I...
Anti-slavery and human trafficking statement1Opening statement from senior management1.1[Name of organisation] is committed to preventing acts of...
Anti-bribery and corruption policy1Introduction1.1Bribery and corruption remain major issues in world trade, despite the many dedicated efforts to...
Anti-bribery and corruption—gifts and hospitality policy1Introduction1.1We run our business[es] with integrity. All of us must work together to ensure...
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...
A bail condition is a restriction imposed at a bail hearing by a judge, necessary to prevent the risk of the defendant from failing to return to custody, committing further offences while on bail, or attempting to pervert the course of justice while awaiting trial or sentence.
Bribery of a foreign public official means offering, promising or giving of any financial or other advantage (whether directly or through a third party) to a foreign public official or someone else at the official’s request or with their assent or acquiescence, where the official is neither permitted nor required by their own written law to be influenced in their capacity as an official by the offer, promise or gift. 'Gift' in this context means the giving of an advantage; it has no special relevance to corporate hospitality. Bribery of a foreign public official is an offence if the person bribing intends to: • influence the official in their capacity as such, and • obtain or retain business or an advantage in the conduct of business (including a trade or profession) Importantly, under the BA 2010 s 6, there is no requirement for the public official to have acted improperly.
An agreement between a prosecutor and an organisation, approved by court, under which the prosecution of the organisation is deferred provided the organisation agrees to comply with the requirements imposed on it. Only available for certain offences in accordance with Schedule 17 to the Crime and Courts Act 2013.