ABSTRACT
Someone who is made bankrupt becomes vulnerable to the criminal offences set out in ss 350-62 of the Insolvency Act 1986. The offences are applicable even where the bankruptcy order has been annulled, but no proceedings will be instituted after an annulment.10 Conduct by the bankrupt after discharge will not lead to liability under these provisions.11 The offences are all subject to the defence of innocent intention.12 The effect of R v Carass13 is that if the bankrupt adduces evidence that he or she had no intent to defraud or conceal the state of his or her affairs, this will operate as a defence unless the prosecution can prove beyond reasonable doubt that there was no such intention. It is not a defence that anything relied on by the prosecution as constituting criminal activity took place abroad.14 An undischarged bankrupt will also commit a criminal offence15 by acting in the management of a company.
