Criminal Law

Question 1

Regarding whistleblowing
What's the minimum age
Do they need to be an employer
What's the length of continuous service
Need to prove working practices are safe

Answer 1

No minimum age
Don’t have to be a worker
No minimum length of continuous service
Don’t need to prove it but does need to have a reasonable belief

Question 2

For whistleblowing, do they have to report internally or to a legal adviser

Answer 2

No but it’s encouraged

Question 3

Does a disclosure have to be in public interest?

Answer 3

Yes - can’t be principally for personal gain

Doesn’t matter if there is a lack of good faith but any compensation is reduced by 25%

Question 4

What is the maximum sanction for fraud and bribery

Answer 4

10 years imprisonment and an unlimited fine

Question 5

What is the maximum length of imprisonment for failing to report a suspicion of money laundering?

Answer 5

5 years (5ls in money) and unlimited fine

Tipping off - 2 years

Question 6

What are the defences for insider dealing?

Answer 6

• Didn’t expect the dealing to result in profit or avoidance of loss
• reasonably believed the information was publicly available
• Would have dealt anyway even if they didn’t have the information
• Disclosed in the course of one’s employment

Question 7

What is the maximum sanction for insider dealing?

Answer 7

Max sentence is 7 years in prison and unlimited fine

7 years = insider 7ls

Question 8

Do public companies have to publish the results of polls at general meetings on a website?

Answer 8

False - for quoted/listed companies only (securities - shares and debentures are on a recognised stock exchange)