Meet the Editors. Probably the most well-known strict liability crime is statutory rape. Learn what strict liability means, why such crimes exist, and other examples of strict liability offenses. Why Have Strict Liability Crimes?
Defending Strict Liability Charges In some instances, there might be a defense to strict liability charges other than "I didn't do it. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.
Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Examples of prosecution in a Sentence There has been an increase in prosecutions for gun-related crimes. The defendant is awaiting prosecution. The prosecution called their first witness. The prosecution rests, Your Honor. The defense told the jury that the prosecution had not proved its case. Recent Examples on the Web The last successful prosecution was during the Watergate era, when a judge found G.
Gordon Liddy guilty in , according to Reuters and Politico. Dugan, Rolling Stone , 9 Oct. Areddy, WSJ , 30 Sep. Dineen, San Francisco Chronicle , 20 Aug. First Known Use of prosecution , in the meaning defined at sense 1. Learn More About prosecution. Time Traveler for prosecution The first known use of prosecution was in See more words from the same year.
Style: MLA. The impact of the offending in other countries, and not just the consequences in the UK, should be taken into account. Prosecutors must balance factors for and against prosecution carefully and fairly. Public interest factors that can affect the decision to prosecute usually depend on the seriousness of the offence or the circumstances of the suspect.
Some factors may increase the need to prosecute, but others may suggest that another course of action would be better. A prosecution will usually take place unless there are public interest factors against prosecution which clearly outweigh those tending in favour of prosecution. In addition to the public interest factors set out in the Code for Crown Prosecutors, the following factors may be of relevance in deciding whether the prosecution of a company is required in the public interest as the proper response to alleged corporate offending.
This list of additional public interest factors is not intended to be exhaustive. The factors that will apply will depend on the facts of each case.
A prosecutor should take into account the commercial consequences of a relevant conviction under European law, particularly for self-referring companies, in ensuring that any outcome is proportionate. Annex A contains a list of possible offences under the Companies Act for consideration when reviewing a case against a company. The Sentencing Council has provided general guidance on the imposition of fines applicable to corporate offenders that should be considered by the prosecutor prior to any sentencing hearing.
The court should determine the appropriate level of fine in accordance with Section of the Sentencing Act which applies to all convictions on or after 1st December which requires that the fine must reflect the seriousness of the offence and the court to take into account the financial circumstances of the offender. The level of fine should reflect the extent to which the offender fell below the required standard.
The fine should meet, in a fair and proportionate way, the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence; it should not be cheaper to offend than to take the appropriate precautions. Offenders which are companies or partnerships are expected to provide comprehensive accounts for the last three years, to enable the court to make an accurate assessment of its financial status.
Normally, only information relating to the organisation before the court will be relevant, unless it is demonstrated to the court that the resources of a linked organisation are available and can properly be taken into account. For companies: annual accounts. Most companies are required to file audited accounts at Companies House. Failure to produce relevant recent accounts on request may properly lead to the conclusion that the company can pay any appropriate fine. For partnerships: annual accounts.
Failure to produce adequate accounts on request may properly lead to the conclusion that the partnership can pay any appropriate fine. A DPA is an agreement between a designated prosecutor and a person whom the prosecutor is considering prosecuting for an offence specified in Part 2 see paragraph 1 of Schedule 17 of the Crime and Courts Act CACA.
Under a DPA, the person agrees to comply with the requirements imposed by the agreement and the prosecutor agrees that, upon approval of the DPA by the Court, the proceedings will be suspended see paragraph 7 of Schedule 17 of the CACA.
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Corporate Prosecutions 12 October Legal Guidance.
Definition of Company A company is a legal person, capable of being prosecuted, and should not be treated differently from an individual because of its artificial personality.
General Principles A thorough enforcement of the criminal law against corporate offenders, where appropriate, will have a deterrent effect, protect the public and support ethical business practices. This has some limited application at common law, e. Statutes frequently impose liability on companies. This is quite common for offences under the Road Traffic Act It applies to all types of offences, including those which require mens rea.
Limitations Governing Corporate Liability The offence must be capable of being punishable with a fine this excludes murder, treason, piracy etc as clearly a company or statutory corporation cannot be imprisoned. But note also, R. Further Evidential Considerations The legal basis of any corporate prosecution must be fully considered at review and noted in detail on the file. Jurisdictional Issues It is important that the different jurisdictional interests regulatory and law enforcement are considered.
Charging Companies - Additional Public Interest Factors to be Considered Where the evidence provides a realistic prospect of conviction, the prosecutor must consider whether or not a prosecution is in the public interest, in accordance with the Code for Crown Prosecutors. Additional Public Interest Factors In Favour of Prosecution: A history of similar conduct including prior criminal, civil and regulatory enforcement actions against it ; failing to prosecute in circumstances where there have been repeated and flagrant breaches of the law may not be a proportionate response and may not provide adequate deterrent effects.
The conduct alleged is part of the established business practices of the company. The offence was committed at a time when the company had an ineffective corporate compliance programme. The company had been previously subject to warning, sanctions or criminal charges and had nonetheless failed to take adequate action to prevent future unlawful conduct, or had continued to engage in the conduct.
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