How to prosecute a business


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

How to prosecute a business


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
imgtext

This Practice Note looks at how to prosecute a Company and other business entities, including partnerships. The Note sets out factors for and against proceeding with a prosecution, as well as important steps to consider before commencing a prosecution. It also explains how a company is represented at court, the trial process and what types of sentences can be imposed upon different types of businesses following conviction.

What factors influence the decision to prosecute a company

When deciding whether or not to prosecute a company, the Crown Prosecution Service (CPS) Guidance on Corporate Prosecutions should be read in conjunction with the Code for Crown Prosecutors.

The CPS Guidance on Corporate Prosecutions stipulates the following public interest factors that would support a prosecution:

  1. •

    history of similar conduct (including prior criminal, civil and regulatory enforcement actions against it); failing to prosecute in circumstances where there have been repeated and flagrant breaches of the law may not be a proportionate response and may not provide adequate deterrent effects

  2. •

    conduct alleged is part of the established business practices of the

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Company definition
What does Company mean?

Company denotes an association of individuals formed together for some common purpose.

Read more

Popular documents

False accounting and false statements under TA 1968

False accounting and false statements under TA 1968False accountingA person who falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may commit an offence of false accounting. The offence can be committed in one of two ways:•by falsifying

Fraudulent trading under section 993 Companies Act 2006

Fraudulent trading under section 993 Companies Act 2006Fraudulent tradingFraudulent trading is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). This offence is charged for offences committed on or after 1 October 2007. This section replaced, with slight alterations, section

Absconding and fraudulent dealings with property

Absconding and fraudulent dealings with propertyProceedings for offences of absconding and fraudulent dealings with propertyThe Insolvency Act 1986 (IA 1986) creates specific offences relating to property and an individual adjudged bankrupt.These include:•absconding with property•disposing of

Providing false information to an auditor and an auditor's right to information

Providing false information to an auditor and an auditor's right to informationProviding false statement to an auditorThe Director of a company must produce a report each financial year, unless the company is subject to the small company exception in section 415A of the Companies Act 2006 (CA 2006).