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Law > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What must be in order for a whistleblower to receive protection

A

1) a qualifying diclosure
2) made in the public interest
3) made to the approprate person

dont need to prove but have reasonable belief

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2
Q

What constitudes a qualifying disclosure

A

Reasonable belief not rumour or suspision

1) criminal offence
2) failed legal obligation
3) miscarriage of justice
4) health and safetyu breach
5) enviroment
6) information concealed

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3
Q

What happens if the disclosure is not made in good faith/ public interest

A

Does not have to be in good faith but may cut Compensation by 25%

must be made in public interest

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4
Q

Who is a appropriare person n

A 
Internal - employer 
Legal advicer 
Minister (NHS)
Prescribed person/ regulator HMRC 
Wider (police MPs media)
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5
Q

When can the media or wider person be notified

A
  • reasonably believes they would be victamised if raised internally
  • no perscribed person
  • has already raised matter internall/ perscibed regulator

can go straight to media/ police

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6
Q

What protection is offered for a proteced disclousre

A

No detriment effect (lack of promotion/ training or opportunity)

Dismissal is automatically unfair. and can seek compensation with no limit

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7
Q

What has the fraud act established

A

A single statutory offence of fraud

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8
Q

How can fraud be committed (3)

A
  • fraud by false representation
  • fraud by failing to diclose information
  • fraud by abuse of postion
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9
Q

What is the max penalty for fraud

A

10 years imprisionment

unlimited fine

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10
Q

What are the 6 common cyberthreads to consumers

A

1) phishing (sending fake emaiils to gain information)
2) webcam maanger (takeover webcam)
3) file hijacking
4) key logging - recording what is typed
5) screenshot manager
6) ad clicker - user computer directed to click a specific link

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11
Q

What is made illegal by the Computer Misuse Act 1990

A

1) stolen login details or bypassing security systems
2) Gain access to system to commit fraud
3) hacking
4) shutting down major systems eg nhs
5) creating viruses

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12
Q

What is insider dealing

A

Dealing in securities while in posseccion of insde information (price sensitive)

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13
Q

What is the max penalty for insider dealing

A

7 years imprisionment / unlimited fine

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14
Q

What are the defence for insider dealing

A
  • did not expect to make profit or avoid loss
  • reasonable ground to believe the informatin was disclosed widerly
  • would have done it any way
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15
Q

What are the 4 main offences under the bribary act 2010

A

Offer to bribe another person
Being bribed
Bribing a foreign public official
Corporate failure to prevent bribery

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16
Q

What is considered for adequate procesures for corporate failure to prevent bribery

A

Size of organisation and exstent to exposure to risk

17
Q

Explain hospitality and gift

A

permitted for keeping good business relations however not to persuade

look at the level of hospitality offered, to whom and thir influence on business decisiosn/ way in which provided.

Reasonable and proportionate

18
Q

What is the maximum penanly for bribery

A

10 years prision unlimited fien

UF for company failure to prevent.

19
Q

What are the ML regulations designed to achieve

A

enable suspicious transactions to be reported

provide an audit trial if investigation come about

20
Q

What does the expression customer due dilegence cover

A

Identify and verify

1) customer
2) companies
3) beneficial owners
4) purpose and nature of business
5) identify a politically exposed person incl family and close associations

21
Q

How long does the MLRO need to keep records

A

5 years

22
Q

What is the max sentence for failing to comply witht eh ML regulations

A

2 years UF

23
Q

When is fraudulant trading civil or criminal

A

Civil when in liquidation

Crimnal when not in liquidation

24
Q

What are the terms if a director is found of fraudulent trading

A

disqualify for 15 years as director
10 years imprisionment
UF

25
Q

What is the difference between civil and criminal

A

criminal - seek to punish

civil - seek remedy and compensation

26
Q

Although there is no definition of fraudulent what must take place for fraudelent trading

A

A positive act not merely neglect

27
Q

What is M.L

A

It is the process by which the proceeds of crime are converted into assers which appear to have a legitimate origin

28
Q

What is the defensive for bribery

A

Prove was for intelligence service or armed forces

29
Q

In terms of fraudelent trading to take place what must the bsuiness owner have had

A

Reasonable belief not just suspected

Law (10 decks)

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