Criminal Law Flashcards
What must be in order for a whistleblower to receive protection
1) a qualifying diclosure
2) made in the public interest
3) made to the approprate person
dont need to prove but have reasonable belief
What constitudes a qualifying disclosure
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
What happens if the disclosure is not made in good faith/ public interest
Does not have to be in good faith but may cut Compensation by 25%
must be made in public interest
Who is a appropriare person n
Internal - employer Legal advicer Minister (NHS) Prescribed person/ regulator HMRC Wider (police MPs media)
When can the media or wider person be notified
- 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
What protection is offered for a proteced disclousre
No detriment effect (lack of promotion/ training or opportunity)
Dismissal is automatically unfair. and can seek compensation with no limit
What has the fraud act established
A single statutory offence of fraud
How can fraud be committed (3)
- fraud by false representation
- fraud by failing to diclose information
- fraud by abuse of postion
What is the max penalty for fraud
10 years imprisionment
unlimited fine
What are the 6 common cyberthreads to consumers
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
What is made illegal by the Computer Misuse Act 1990
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
What is insider dealing
Dealing in securities while in posseccion of insde information (price sensitive)
What is the max penalty for insider dealing
7 years imprisionment / unlimited fine
What are the defence for insider dealing
- did not expect to make profit or avoid loss
- reasonable ground to believe the informatin was disclosed widerly
- would have done it any way
What are the 4 main offences under the bribary act 2010
Offer to bribe another person
Being bribed
Bribing a foreign public official
Corporate failure to prevent bribery
What is considered for adequate procesures for corporate failure to prevent bribery
Size of organisation and exstent to exposure to risk
Explain hospitality and gift
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
What is the maximum penanly for bribery
10 years prision unlimited fien
UF for company failure to prevent.
What are the ML regulations designed to achieve
enable suspicious transactions to be reported
provide an audit trial if investigation come about
What does the expression customer due dilegence cover
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
How long does the MLRO need to keep records
5 years
What is the max sentence for failing to comply witht eh ML regulations
2 years UF
When is fraudulant trading civil or criminal
Civil when in liquidation
Crimnal when not in liquidation
What are the terms if a director is found of fraudulent trading
disqualify for 15 years as director
10 years imprisionment
UF
What is the difference between civil and criminal
criminal - seek to punish
civil - seek remedy and compensation
Although there is no definition of fraudulent what must take place for fraudelent trading
A positive act not merely neglect
What is M.L
It is the process by which the proceeds of crime are converted into assers which appear to have a legitimate origin
What is the defensive for bribery
Prove was for intelligence service or armed forces
In terms of fraudelent trading to take place what must the bsuiness owner have had
Reasonable belief not just suspected
