Self defence meaning

STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are operative. Any procurement initiated on or after that date must follow PA 2023, while procurements started under the earlier regimes—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured and managed in line with those rules. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and are therefore treated as assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law...

In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...

In this issue: Economic crime and corporate transparency Disclosure of beneficial ownership Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Economic crime and corporate transparency Failure to prevent fraud—what are reasonable procedures? The failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) functions as a benchmark for corporate compliance. To avert prosecution, companies must evidence proportionate steps tailored to the particular fraud risks they face. In the second instalment of our series, Aziz Rahman of Rahman Ravelli assesses the extent of the reasonable procedures defence, the compliance challenges it creates, and recurring pitfalls. He also stresses the crucial need for continual monitoring and periodic review to reduce fraud exposure and reinforce a company’s position if proceedings are brought. See News Analysis: Failure to prevent fraud—what are reasonable procedures?...

In this issue Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Daily and weekly news alerts Dates for your diary Trackers Useful information Decision to prosecute and alternatives to prosecution Fess up, or wait and see? SFO policy shift stirs DPA debate The Serious Fraud Office (SFO) has issued fresh guidance confirming that companies which self-report misconduct and fully co-operate can expect to pursue a Deferred Prosecution Agreement (DPA) instead of prosecution. It launches a secure self-reporting portal and sets firm timelines for SFO engagement: an initial response within 48 hours and a decision on whether to open an investigation within six months. It also clarifies what...

The Criminal Finances Act 2017 (CFA 2017) The CFA 2017 created a corporate offence for failing to prevent the facilitation of tax evasion, taking effect on 30 September 2017. The government has published guidance detailing its expectations for compliance systems, and this Practice Note reflects both the legislation and that guidance. The guidance should be applied proportionately and on a risk-led basis, taking into account the size, nature and complexity of your organisation. Smaller organisations in low-risk sectors may reasonably adopt more modest measures. Large multinational businesses operating in high-risk areas may need far more robust controls. The government accepts that a proportionate, risk-based approach cannot deliver a zero-failure regime. Where you can show that reasonable prevention procedures are in place to identify and mitigate risks of facilitating tax evasion, prosecution is unlikely because you will be able to rely on a statutory defence. The Law Society has also issued Criminal Finances Act 2017 guidance for law firms, which has been approved...

FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures begun under earlier regimes—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law As EU-derived domestic legislation, PCR 2015 constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note (PPN) 015 supersedes PPN 10/23 with updated guidance on evaluating suppliers’ payment approaches when procuring major government contracts under PA 2023. From 1 October 2025, PPN 018 replaces PPN 015, reducing the average payment days threshold...

The offence of possession of a bladed article Under section 139 of the Criminal Justice Act 1988 (CJA 1988), a person commits an offence if they have with them in a public place a bladed article to which the section applies. Proceedings may take place in either the magistrates’ court or the Crown Court. Where it appears that the magistrates’ court lacks sufficient sentencing powers, it will refuse jurisdiction. See: Sentencing for possession of a bladed article in public below. Elements of the offence An offence contrary to CJA 1988, s 139 is made out where the prosecution proves that the accused: had the item with them in a public place a bladed article, or a sharply pointed article Bladed and sharply pointed articles Section 139 CJA 1988 covers items with a blade or items that are sharply pointed, save for a folding pocket knife. A folding pocket knife is, however, included if its blade is longer...

1 Assemble an incident team Form a tax evasion facilitation incident team without delay, bringing together your head of legal/compliance, nominated officer, risk manager and head of HR. Designate one person to chair and direct the team. 2 Consider reporting obligations Seek legal advice before opting to self-report to HMRC. Rapid self-reporting of a tax evasion facilitation incident does not assure immunity from prosecution, but it can: assist your defence where there is liability for the failure-to-prevent offence; be considered by prosecutors when deciding whether to bring a case; and be reflected in any penalties if the organisation is convicted. Also assess whether a suspicious activity report (SAR) should be submitted to the National Crime Agency...