Criminal law Flashcards
What is whistleblowing?
WORKERS are protected from dismissal/suffering a detriment if they make a:
- qualifying dismissal of information
- in the public interest
- to the appropriate person
Do they need solid proof of whistleblowing?
No, just reasonable belief
What is a qualifying disclosure?
- criminal offence
- failure to comply with legal obligations
- h&s
- environmental damage
Who are appropriate people to report whistleblowing to?
- internal
- legal adviser
- minister
- prescribed person
- wider
Someone has whistleblown and therefore are refused a promotion, can they get compensation?
Yes via employment tribunal
Is a report still valid even if it is for personal gain?
Needs to be reasonable
What is fraud?
Dishonesty and an intention to make a gain/loss to another
What are the 3 fraud offences?
- false/misleading representation
- abuse of position
- failure to disclose information
What is the maximum conviction for fraud?
10 years and unlimited fine
Is a director convicted of fraud immediately disqualified?
No, but can be for up to 15 years
What is insider dealing?
Person deals in securities whilst in possession of information about them which is price sensitive
Can someone defend insider dealing?
Yes, if they can prove they would have bought the shares anyway
Maximum conviction for insider dealing?
7 years and unlimited fine
Offence of insider dealing?
- dealing in shares with inside info
- encouraging others to
- disclosing info to others
What is bribery?
- giving/offering a bribe to induce someone to perform a function
- requesting/receiving bribe
- bribing foreign official
