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Sentencing Guidelines for Corporate offenders—Fraud or VAT offences checklist

Sentencing Guidelines for Corporate offenders—Fraud or VAT offences checklist This Checklist summarises the Sentencing Council’s guidelines for sentencing corporate offences of fraud under the Fraud Act 2006 (FrA 2006), Theft Act 1968 (TA 1968), Value Added Tax Act 1994 (VATA 1994) and Customs and Excise Management Act 1979 (CEMA 1979) in the Crown Court and magistrates’ court. The Fraud Guidelines for corporate offenders can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. This includes: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in...

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Natural England—powers to investigate environmental crime

Natural England—powers to investigate environmental crime When does Natural England investigate? There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local authorities, the Environment Agency (EA), Natural England (NE), Natural Resources Wales (NRW)) that are responsible for crimes concerning the environment. In any environmental investigation, the starting point is always to establish which body is responsible for enforcement. For information on the powers held by other environmental enforcement agencies, see Practice Notes: • Environment Agency—powers to investigate environmental crime • Natural Resources Wales—powers to investigate environmental crime • Local authorities—powers to investigate environmental crime • Scottish Environment Protection Agency—powers to investigate environmental crime For information on the enforcement of environmental offences generally, see Practice Note: Environmental prosecution and enforcement policy. NE is an executive Non-Departmental Public Body sponsored by the Department for Environment, Food and Rural Affairs (Defra) which was established to conserve England’s wildlife, land and seas. Natural England has limited statutory enforcement responsibilities. It deals predominantly with crimes affecting...

Notification requirements under the Sexual Offences Act 2003

Notification requirements under the Sexual Offences Act 2003 What are notification requirements? The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. Notification requirements do not require any order or ruling by the court, rather they are applied automatically by statute when a person is convicted in circumstances falling within SOA 2003, s 80. As the requirements are imposed by statute, there is no appeal against the statutory application of the notification requirements. The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such. Offenders subject to the notification requirements are automatically required to notify certain information to the police on conviction or caution for a relevant sexual offence. The period of time an offender is required to comply with the requirements (the notification period) is dependent on how the offender was...

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Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented?

Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented? This Q&A assumes that the defendant is over the age of 18, is charged with an either-way offence, and the case is not subject to a notice under section 51A or section 51B Crime and Disorder Act 1998 (CDA 1998). The general rule Where a defendant over the age of 18 is charged and brought before a magistrates’ court in respect of an either way offence, if the defendant gives no indication of plea or indicates that he would plead ‘not guilty’, the court must consider whether the case more suitable to be tried summarily or on indictment (section 19(1) of the Magistrates’ Court Act 1980 (MCA 1980)). If the court concludes that summary trial would be more suitable, the court has a statutory duty under MCA...

How is a breach of a development consent order enforced?

How is a breach of a development consent order enforced? Development consent orders (DCOs) are a form of development consent granted by the Secretary of State which authorise the development of Nationally Significant Infrastructure Projects (NSIPs). The Planning Act 2008 (PA 2008) introduced a faster and more transparent development consent system for NSIPs. Projects falling into one of the categories of NSIPs in PA 2008, Pt 3 must proceed via this streamlined system (see Practice Note: Permission for nationally significant infrastructure projects for a list of projects which constitute NSIPs). Enforcement of PA 2008 regime is carried out by the relevant local planning authority (LPA), which pursuant to PA 2008, s 173 is the authority for the area within which the project is situated. In areas where there are both a district and county authority the district authority will assume responsibility for the enforcement of DCOs (except projects involving hazardous waste facilities, where the county authority will handle enforcement). Breaching DCOs The enforcement regime for DCOs is set out...

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Increasing magistrates’ powers to impose custodial sentences for either way offences—will it reduce the Crown Court backlog?

Corporate Crime analysis: The Criminal Justice Act 2003 (Commencement No 33) and Sentencing Act 2020 (Commencement No 2) Regulations 2022, SI 2022/500 came into force on 2 May 2022. The regulations bring section 282 of the Criminal Justice Act 2003 (CJA 2003), into force. This amends section 32 of the Magistrates’ Court Act 1980 (MCA 1980), increasing the maximum sentence available after summary conviction for offences triable either way which were committed after commencement (on or after 2 May 2022). The effect is that magistrates’ sentence powers double from 6–12 months’ imprisonment for the scheduled either way offences. A parallel provision gives effect to a similar awaited amendment in schedule 22, para 24 of the Sentencing Act 2020 (SA 2020), expanding the maximum sentence for all other either way offences (those not in the MCA 1980, sch 1). Harry O’Sullivan, Author of Banks on Sentence and Criminal Barrister of Goldsmith Chambers considers the impact this increase will have. Magistrates already had the power to impose sentences of up to 12...