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.
The Department for Environment, Food and Rural Affairs (Defra) and the Welsh Government have launched a consultation on proposals to give local...
Life Sciences analysis: One of the most significant public health reforms has been designed to create what the government describes as a ‘smoke-free...
Lewisham Council has launched an intelligence-led taskforce to identify non-compliant landlords through data analysis, local intelligence and targeted...
This week's edition of Corporate Crime weekly highlights includes news of the CPRC’s guide to amendments to the Criminal Procedure Rules taking effect...
The Prime Minister's Office and the Department for Environment, Food & Rural Affairs (Defra) have announced an enforcement package targeting illegal...
The Investigatory Powers Act 2016 (IPA 2016) forms a central part of the legal framework governing the use of covert surveillance by public bodies....
A Deferred Prosecution Agreement (DPA) is a voluntary agreement between an organisation and a designated prosecutor which enables the prosecutor to...
A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities for...
The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies which previously...
The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies, a framework which...
1Consider seeking external adviceGiven the complicated nature of most sanctions regimes; the potential for offences to have been committed across...
1Introduction1.1We run our business[es] with integrity. All of us must work together to ensure our business[es] remain[s] untainted by bribery and...
1Opening statement from senior management1.1[Name of organisation] is committed to preventing acts of modern slavery and human trafficking from...
[name] [District] [Borough] [City] CouncilABATEMENT NOTICEmade under section 80 of the Environmental Protection Act 1990To: [name] of [address]Take...
In the [insert name] Magistrates' Court[insert date]Defendant: [insert name of person responsible for the statutory nuisance OR where applicable, the...
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...
Aggravating circumstances are specific factors that make an offence, or an offender’s conduct, more serious and therefore justify a harsher sentence. They focus on features such as greater harm, higher culpability, targeting of vulnerable victims, use of weapons, planning, abuse of trust or authority, group offending, or offences motivated by hostility (for example, hate crime).
Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent, but the lists and treatment of aggravating circumstances are partly set out in statute and partly developed through sentencing guidelines and case law. Some aggravating factors are statutory (such as racial or religious aggravation, domestic abuse, or offending on bail), while others are non‑exhaustive and identified judicially.
Aggravating circumstances are weighed against mitigating circumstances during sentencing. They do not change the legal definition of the offence but influence sentence length, type of disposal, and decisions on custody thresholds, dangerousness and extended sentences. Practitioners must identify and particularise aggravating features in pleadings, indictments where appropriate, and sentencing submissions, with courts required to explain on the record how aggravating circumstances have affected sentence.
A false trade description is defined in the Trade Descriptions Act 1968 (TDA 1968), s 3(1) as a trade description which is false to a material degree.
Inchoate offence is criminal offences designed to punish the acts prior to the committing of another crime.