The criminal law sets out the definitions of criminal offences
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The central element of a criminal conspiracy is the agreement by two or more individuals to carry out a criminal act, meaning an offence is committed even if no further action is taken following the agreement.
If one of your employees dies as a result of an accident while at work, your business could be liable to prosecution for corporate manslaughter if serious breaches of duty of care or management failures contributed to the death.
According to section 1(1) of the Act, ‘A person who – without lawful excuse – destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.’
Murder and Manslaughter
Murder and manslaughter fall within the wider definition of homicide. Murder is committed when a person of sound mind unlawfully kills another person and they have the intention to kill or to cause grievous bodily harm. A number of complete defences to murder exist, including self-defence, as well as partial defences, including diminished responsibility and loss of control.
Fraud and Regulatory Law
Fraud offences can range from small scale fraud carried out by an individual to large scale complex fraud involving multiple business or groups of people.
Whatever the charge, you will require a specialist solicitor within the knowledge and experience to mount an effective defence
Human trafficking offences may involve adults, or specifically women or children – often with a view to exploiting a vulnerable individual for the purposes of modern slavery, the sex trade, bogus marriages or even as an organ donor.
The Palermo Protocol provides the first internationally recognised definition of human trafficking:
Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
GBH, ABH and Assault
Assault is a complex offence and is classified with varying degrees of severity. ABH and GBH have differing convictions and sentences. The Criminal Justice Act 1988, states that ABH and GBH are determined by:
- The level of foresight
- The motivation for the offence
- Any injuries inflicted
It is increasingly common for prosecutors to consider charging money laundering offences alongside, or even instead, of substantive offences. Money laundering is punishable up to a maximum of 14 years imprisonment. The size of the maximum sentence is indicative of the importance that the government places on combating money laundering.
Extradition to the UK is sought when an alleged crime has been committed in the UK and the defendant is believed to be resident in a foreign country.
Category 1 territories and Category 2 territories are dealt with under different provisions of the 2003 Act; however, in short, an extradition request to an EU member state is normally by way of a European Arrest Warrant (EAW).
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