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 International Organization of Securities Commissions (IOSCO) has launched a centralised alerts portal, International Securities & Commodities...
The Office for Environmental Protection (OEP) has launched an investigation into potential breaches of the Water Framework Directive Regulations by...
The Serious Fraud Office (SFO), Parquet National Financier (PNF) and Office of the Attorney General of Switzerland (OAG) announced the formation of an...
The Office of Financial Sanctions Implementation (OFSI) has issued a £465,000 penalty to Herbert Smith Freehills CIS LLP Moscow (HSF Moscow) for...
A round-up of the latest health and safety prosecutions, including a builder sentenced after an asylum seeker suffered a fatal fall from scaffolding...
Data protection and internal investigationsIncreasingly, organisations are required to conduct investigations to meet their legal obligations. Common...
TheftThe offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low...
How to prosecute a businessThis Practice Note looks at how to prosecute a company and other business entities, including partnerships. The Note sets...
Powers to search premises and property in Scottish criminal investigationsThis Practice Note explains the powers to search premises and property...
How to approach mitigation in environmental casesThe Sentencing Council's (SC’s) offence specific sentencing guidelines for use in the magistrates’...
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...
Product recall notice (or corrective announcement)IMPORTANT SAFETY WARNING—PRODUCT [RECALL OR [ insert details of alternate corrective action (eg...
Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance[name, address...
Financial crime prevention—agents, intermediaries, associated persons, etc policy1Introduction1.1We run our business[es] with integrity. All of us...
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...
Depending on context, the statutory maximum period of time that a person may spend between committal for trial, or the rules concerning the time a suspect may be held without charge.
An indeterminate sentence is one employed for public protection where it would be unclear what an appropriate minimum term would be.
The offence of obtaining a pecuniary advantage, contrary to the Theft Act 1968 (TA 1968), s 16 was repealed by the Fraud Act 2006, but without affecting any liability, investigation, legal proceedings or penalty for or in respect of any offence partly committed before 15 January 2007 (see SI 2006/3200).