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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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 environmental enforcement, including a farming business fined after polluting a watercourse and breaching slurry regulations....
Law360, London: On 1 December 2024, a BBC investigation revealed that certain tomato purees sold by UK and German retailers likely contain, despite...
Law360, London: The UK sanctions regime faces a major test on 15 January 2025 as billionaire Eugene Shvidler seeks to have his financial restrictions...
Europol and Eurojust has launched the third phase of the SIRIUS project, aimed at improving cross-border access to electronic evidence. This new phase...
A round-up of the latest trading standards prosecutions, including a fraudster prosecuted after conning homeowners....
Conservation area enforcement and criminal liability regime in EnglandThis Practice Note explains the offences which may be committed under either the...
Listed buildings enforcement and criminal liability regime in EnglandSTOP PRESS: An updated version of the National Planning Policy Framework (NPPF)...
Failure to comply with planning enforcement—criminal liability and direct actionUnder the Town and Country Planning Act 1990 (TCPA 1990), a breach of...
Works to trees, tree preservation orders and trees in conservation areasWorks to treesGenerally, work to trees does not constitute development under...
Protected hedges and hedgerowsWhat hedgerows are protected?Certain hedgerows are protected by the Hedgerows Regulations 1997 (HR 1997), SI 1997/1160,...
Anti-bribery and corruption—agents and intermediaries policy1Introduction1.1We run our business[es] with integrity. All of us must work together to...
Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance[name, address...
Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990In the [insert name]...
Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990[name] [District] [Borough] [City]...
Private action for a statutory nuisance—notice under section 82(6) of Environmental Protection Act 1990[insert address of claimant's instructing...
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
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...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Fraud by false representationThis Practice Note covers the offence of fraud by false representation. You may also be interested in the following...
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...
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...
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence...
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...
Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
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.
The process of determining mode of trial for either-way offences (adult offenders) and transferring the prosecution of an offence from the magistrates’ court to the Crown Court under Part 9 of the Criminal Procedure Rules.
Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.