ABSTRACT
The offences have attracted much attention but the circumstances in which they are likely to be prosecuted merit careful consideration along with the mechanics of the single defence available to any company or partnership that is ultimately prosecuted. The normal rules of criminal procedure apply where a company has been placed in administration, or where the company has been liquidated and needs to be restored to the companies’ register for prosecution. In cases on indictment and tried summarily, an order for costs of the prosecution can be imposed following conviction. Entering into a business partnership with organisations that have no fraud prevention procedures or have known deficiencies in their fraud procedures may involve higher risk. The guidance recognises that the reasonableness of prevention procedures must take account of the level of control and supervision the organisation is able to exercise over a person acting on its behalf, and the proximity of the person to the company or partnership.
