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Failure to prevent fraud offence rolls out

01 September 2025
Issue: 8129 / Categories: Legal News , Fraud , Commercial , Risk management , Criminal
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Large companies and organisations risk hefty fines if their compliance procedures are not up to scratch, as of this week

The offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023 comes into force on 1 September. It occurs where ‘persons associated’ commit a fraud offence ‘with the intention of benefiting the organisation or a person to whom the organisation provides services’.

Joint guidance issued in August by the Serious Fraud Office and Crown Prosecution Service warned that corporate entities may be criminally liable ‘irrespective of whether they intended or were aware of’ the conduct.

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Hugh James—Phil Edwards

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Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

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Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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