Mondaq UK: Criminal Law
The Home Office has announced that it intends to stop certain old and minor cautions and convictions from appearing on criminal record certificates.
The right of a person to discuss certain matters with their lawyer, no matter how nefarious, without fear of their confidence being broken is one that has been recognised since the 16th Century.
The Government has announced that it proposes to send half a million road traffic cases each year to a separate fast-track criminal court.
A recent survey, carried out by Ernst & Young, revealed that 48% of businesses are failing to vet their suppliers for compliance with the UK Bribery Act 2010.
A summary on the most recent updates relating to speeding fines and prosecutions in Britain.
It is a well established principle that a company has a separate legal personality from its members.
A judgment of the Supreme Court on 23 January has confirmed why all clients are best served by phoning their lawyers first rather than their accountant whenever they suspect fraud or financial mismanagement in their business.
The Crown Prosecution Service has announced that corporate manslaughter charges are to be brought against a mining company, under the Corporate Manslaughter Act 2007.
A discussion on when and if the Crown Prosecution Service should be able to take over and put a stop to private prosecutions.
Welcome to the winter 2012 edition of Salans Commercial Thinking.
Over a year after the implementation of the Bribery Act 2010, we are beginning to see how corporate bribery may be disposed of in future.
The Bribery Act has made the news again following the conviction of a would be taxi driver. Earlier this week, at Minshull Street Crown Court in Manchester, Mr Mawia Mushtaq became the second person convicted of an offence under the Bribery Act by attempting to bribe a Licensing Officer.
or many years Judges have criticised the inadequate sentencing powers afforded to them when dealing with the offence of Dangerous Driving.
You will recall that in our Autumn Bulletin we wrote about squatting becoming a criminal offence.
Rolls-Royce publically announced that it has provided information to the Serious Fraud Office in relation to bribery and corruption activities that have taken place overseas amongst its intermediaries.
With much fanfare, the UK’s Bribery Act, trumpeted by many as the most stringent anti-corruption legislation in the world, came into force on 1 July 2011 (those who had managed to get all their bribes paid by 30 June breathed a sigh of relief).
The Scottish Crown Office announced today that some £5.6 million of profits gained from unlawful behaviour is to be recovered by the Scottish Civil Recovery Unit from Abbott Group Limited (Abbot) after it confessed to benefitting from corrupt practices in 2007.
Muktar Ablyazov has been debarred from defending the $6billion claims brought against him by JSC BTA Bank, with the Bank now able to obtain judgment against him and enforce against his assets.
The Serious Fraud Office has withdrawn its guidance on "inter alia" self-reporting.
A tough new SFO policy means companies need lawyers on their side and rigorous adequate procedures in place.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
The issue of criminal liability for encouraging or assisting another person to commit an offence is a complex and difficult area.
The UK Bribery Act 2010 has brought in significant changes to anticorruption law, replacing the previous bribery laws.
The Fraud Act 2006, which represents the most radical change in the law of criminal fraud since the Theft Act 1968, came into force on January 15, 2007. We are now over a year into the new law, which seems a reasonable juncture to pose the question: has it had any impact?
On 25th October 2011, the Court of Appeal (Lord Chief Justice, Henriques J., Gloster J.) issued its judgment in R v Clinton (Jon-Jacques) [2012] EWCA Crim 2.
The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners.
We recently reported that there is a new tough tone from the top at the Serious Fraud Office.
It is a well established principle that a company has a separate legal personality from its members.
‘To allow the prompt and effective investigation of the offence’ is a familiar reason given by police officers to justify the arrest of a suspect.
We have pleasure in announcing the publication of our International Guide to Anti-corruption Laws, which provides an "at a glance" summary and comparison of the key criminal and administrative corruption offences in the 22 countries featured.
In this new economic climate, white collar crime is no longer seen as victimless. It is seem as symptomatic of the failures of a global banking and regulatory system and countries are cracking down on perpetrators.
The Home Office has announced that it intends to stop certain old and minor cautions and convictions from appearing on criminal record certificates.
Each of the offences has the potential for extra-territorial application, although the Guidance purports to narrow the Act’s reach over non-UK corporations.
On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom.
You will recall that in our Autumn Bulletin we wrote about squatting becoming a criminal offence.
The Scottish Crown Office announced today that some £5.6 million of profits gained from unlawful behaviour is to be recovered by the Scottish Civil Recovery Unit from Abbott Group Limited (Abbot) after it confessed to benefitting from corrupt practices in 2007.
It was back in 1998 that Jack Straw, the then Home Secretary, asked the Law Commission to examine the law on fraud and whether a general offence of fraud would be an improvement to the body of criminal law.
The issue of criminal cartel enforcement in the UK is once again in the headlines, following an announcement shortly before Christmas that the OFT had brought charges for the first time for the cartel offence, four and a half years after the relevant provisions came into force.
The Bribery Act has made the news again following the conviction of a would be taxi driver. Earlier this week, at Minshull Street Crown Court in Manchester, Mr Mawia Mushtaq became the second person convicted of an offence under the Bribery Act by attempting to bribe a Licensing Officer.
Muktar Ablyazov has been debarred from defending the $6billion claims brought against him by JSC BTA Bank, with the Bank now able to obtain judgment against him and enforce against his assets.
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The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners.
On 25th October 2011, the Court of Appeal (Lord Chief Justice, Henriques J., Gloster J.) issued its judgment in R v Clinton (Jon-Jacques) [2012] EWCA Crim 2.
The new Disclosure and Barring Service has now become operational.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
The Home Office has announced that it intends to stop certain old and minor cautions and convictions from appearing on criminal record certificates.
It is a well established principle that a company has a separate legal personality from its members.
The right of a person to discuss certain matters with their lawyer, no matter how nefarious, without fear of their confidence being broken is one that has been recognised since the 16th Century.
In Airmax Industries v. Banque de Montréal1, the Quebec Superior Court held that the Bank, far from being protected from liability by its contract, had been grossly negligent.
A discussion on how the criminal law has tried to get to grips with social media.
On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom.
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