header-logo header-logo

28 April 2023
Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
printer mail-detail

NLJ this week: Planning for corporates ahead of ‘failure to prevent’

120622
The ‘failure to prevent’ fraud offence, now confirmed by the government, is big news for corporates. 

As Abigail Rushton and Rhys Novak write in this week’s NLJ, prosecutors will only have to show a lack of reasonable procedures in place to prevent the offences in order to secure a conviction.

Rushton and Novak, both of Charles Russell Speechlys, look at the shape, scope and form the proposed offence is likely to take, and set out the steps corporate bodies should be taking now to prepare for the Bill’s entry into force. After all, as they write, the Bill ‘is set to be one of the biggest changes to laws tackling economic crime in over a decade’.

They offer advice for corporate bodies, for example, ‘The government’s intention is that the new offence will drive cultural change within organisations and prevent them being able to look the other way if an offence is uncovered. With that in mind, corporates should review, in particular, their internal reporting and whistleblower policies.’ 

Find more practical tips on how to prepare here.

Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
printer mail-details

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll