Non-business related crime

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the measures for tackling anti-social behaviour ( ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘ Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or...

This Practice Note explains how third-party material can be identified and obtained. It addresses investigators’ obligations under the Criminal Procedure and Investigations Act 1996 ( CPIA 1996) and its Code of Practice to pursue all reasonable lines of enquiry, together with the disclosure responsibilities of Crown servants. It sets out how to seek disclosure directly from a third party and how to apply for a witness summons requiring production of material under the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. The CPIA 1996 governs the prosecution’s disclosure in criminal proceedings, imposing primary, secondary and continuing duties in relation to material that could reasonably be considered to weaken the prosecution case or assist the accused. A parallel duty also exists at common law. For further detail, see Practice Note: Obtaining disclosure of unused evidence. Third party material refers to material held by a...

This Practice Note monitors the advancement of government bills pertinent to corporate crime that have been introduced in the House of Commons or the House of Lords within the UK across 2026 during the parliamentary year. It additionally supplies links to more details on each statute as enacted. For insight into significant secondary legislation, consultations, and other notable developments that might be of interest to corporate crime practitioners in 2026, consult Practice Note: Corporate Crime horizon scanner—2026. His Majesty, King Charles III, outlined the government’s priorities and intended policies for the forthcoming parliamentary session during the State Opening of Parliament on 13 May 2026, emphasising the modernisation of the criminal justice system, boosting court capacity, and enhancing the protection of the public. Core to this are the carried-over Courts Modernisation Bill, formally titled the Courts and Tribunals Bill, and Public Office (...

What is advertising (ad) fraud? Advertising (ad) fraud encompasses deceptive or unlawful activity across the advertising ecosystem, spanning scams served through adverts to technical ruses that overstate ad performance. It also covers scams delivered via adverts and technical schemes devised to inflate metrics such as impressions or clicks. As the Internet Advertising Bureau ( IAB) frames it, this includes the intentional creation of bogus—often non-human—traffic to siphon money from the advertising marketplace. Although it appears in many guises, it is typically characterised by bot-driven interactions, deliberate misrepresentation, or circumstances where adverts have a slim likelihood of being viewed by genuine people. Robust UK-specific figures are scarce; nevertheless, multiple global datasets indicate losses in the billions and rising swiftly. The consequences are felt by consumers as well as organisations operating within the advertising ecosystem. UK regulators have intensified their focus on ad fraud, with fresh...

The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 ( OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property ( IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based...

1 Introduction 1.1 Bribery and corruption persist as significant problems in global commerce, notwithstanding numerous targeted initiatives to deter them. They inflict serious harm on communities where they arise. They: 1.1.1 divert funds and other assets away from those most in need; 1.1.2 impede economic and social progress; 1.1.3 harm enterprise, notably by pushing up the price of goods and services. 1.2 Our statutory duties are chiefly set by the Bribery Act 2010 ( BA 2010). BA 2010 applies to us as a UK organisation if bribery happens anywhere within our operations. 1.3 We conduct our business [ es ] with integrity, and in a frank and principled way. Each of us must act to ensure [ insert organisation’s name ] stays free from bribery or corruption. 1.4 This policy is central to that aim. It is fully endorsed by the [ insert, eg Board ]. It...

Change in control of authorised persons Under Part XII of the Financial Services and Markets Act 2000 ( FSMA 2000), anyone—individuals or corporate entities—seeking to acquire, or increase, control in a UK authorised firm must obtain prior consent from the Financial Conduct Authority ( FCA) or the Prudential Regulation Authority ( PRA). A current controller must also inform the FCA or PRA when reducing or ending control of a firm. SUP 11 of the FCA Handbook, together with the Change in Control Part of the PRA Rulebook, sets out the thresholds and obligations in full. Filings concerning an acquisition or increase of control are known as section 178 notifications and should be lodged with the FCA or the PRA immediately once a decision to acquire or increase control is taken. Consent from the relevant regulator is required before any acquisition or increase in control...

Voluntary attendance at an interview under caution ( PACE 1984) This Practice Note sets out the legal framework for choosing to attend an interview under caution carried out pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984). It also signposts provisions of PACE 1984 and the pertinent PACE Code of Practice, Code C, governing suspect interviews that are inapplicable to volunteers, including the monitoring of detention time limits, how custody records are treated, the care and treatment regime for detained persons, the entitlement not to be kept incommunicado, fingerprints, searches, the drawing of inferences from silence, and the approach to advising a volunteer. For wider guidance on interviews under PACE 1984 generally, see Practice Note: Interview under caution. The Home Office has issued a guidance note tailored to individuals who attend police interviews on a voluntary basis; this must be...

This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C. It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect about their...

Judicial review Judicial review is the process through which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies......

The offences of common assault and battery Strictly speaking, assault and battery are separate summary offences. Assault arises where a defendant, intentionally or recklessly, causes another person to fear immediate and unlawful violence, whereas battery is made out when unlawful force is applied intentionally or recklessly. A battery may occur after an assault, but that is not invariably so... Both are summary-only offences, ordinarily tried in the magistrates’ court. However, where the incident is racially motivated, section 29 of the Crime and Disorder Act 1998 (CDA 1998) permits trial either in the magistrates’ court or the Crown Court. See Racially or religiously aggravated assault below. The usual statutory limit for charging assault or battery is six months from the date of the offence. Different time limits may apply in proceedings for common assault or battery where the conduct alleged amounts to domestic violence and the complainant has... given a witness statement with a view to its possible admission as evidence in the proceedings, and provided that statement to a police constable, or a person authorised by a police constable to receive... ...

The offence of false imprisonment False imprisonment is an offence at common law, though it more frequently arises as a civil tort claim (see Practice Note: False imprisonment). It is triable only on indictment. The offence is closely related to the common law offence of kidnapping. The crucial difference is that, unlike kidnapping, there is no requirement to prove the victim was ‘taken and carried away’ (R v Hutchins [1988] Crim LR 379 (not reported by LexisNexis®)). See Practice Note: Common law offence of kidnapping. Elements of the offence In R v Rahman (1985) 81 Cr App Rep 349 (not reported by LexisNexis®), it was held that, on a charge of false imprisonment, the prosecution must establish: unlawful intentional or reckless restraint of a victim’s freedom of movement from a particular place Restraint of a victim's freedom of movement At common law, false imprisonment involves conduct by the defendant that directly and deliberately (or recklessly) brings about the victim’s confinement within an area defined by the defendant. For criminal liability to arise, the act must be accompanied by a distinct mental element (see further below)...

General Simple criminal damage is an either-way matter unless the alleged loss is £5,000 or below, in which case it is to be dealt with as summary-only. If the harm was caused by fire, or the racially aggravated variant is charged, it remains either-way even where the value falls under £5,000. Likewise, if the defendant faces two or more counts of the same or a similar kind and their combined value tops £5,000, the case is treated as either-way. Where the damage exceeds £5,000, such cases are ordinarily heard summarily unless the court considers any of these aggravating aspects apply and its powers would be inadequate: intentional fire-setting commission by a group damage of particularly high value clear racial motivation The Magistrates’ Court Sentencing Guidelines indicate that the Crown Court could be the proper forum where the value is above £10,000. Section 50 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) strengthens the...

The offence of actual bodily harm Assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the Crown Court. In most instances, ABH is tried in the magistrates' court unless that court considers its sentencing powers inadequate (see: Sentencing for ABH below). Elements of the offence Under section 47 of the Offences Against the Person Act 1861 (OATPA 1861), the prosecution must prove: an assault or a battery; and that the assault or battery caused the victim actual bodily harm. Assault The prosecution must establish: conduct, done intentionally or recklessly, which causes the victim to apprehend immediate unlawful violence. It is unnecessary for any force to be used; the required element is the fear or anticipation of violence. Battery The prosecution must establish: the infliction of unlawful force upon another person; and that such force was applied intentionally or recklessly. The courts have held that the force need not be applied directly. For instance, in DPP v K (a minor) the Divisional Court ruled that a schoolboy who poured acid into a hand dryer, causing injury to another pupil...