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Flashcards in Criminal law Deck (16):
1

What is whistleblowing?

WORKERS are protected from dismissal/suffering a detriment if they make a:
- qualifying dismissal of information
- in the public interest
- to the appropriate person

2

Do they need solid proof of whistleblowing?

No, just reasonable belief

3

What is a qualifying disclosure?

- criminal offence
- failure to comply with legal obligations
- h&s
- environmental damage

4

Who are appropriate people to report whistleblowing to?

- internal
- legal adviser
- minister
- prescribed person
- wider

5

Someone has whistleblown and therefore are refused a promotion, can they get compensation?

Yes via employment tribunal

6

Is a report still valid even if it is for personal gain?

Needs to be reasonable

7

What is fraud?

Dishonesty and an intention to make a gain/loss to another

8

What are the 3 fraud offences?

- false/misleading representation
- abuse of position
- failure to disclose information

9

What is the maximum conviction for fraud?

10 years and unlimited fine

10

Is a director convicted of fraud immediately disqualified?

No, but can be for up to 15 years

11

What is insider dealing?

Person deals in securities whilst in possession of information about them which is price sensitive

12

Can someone defend insider dealing?

Yes, if they can prove they would have bought the shares anyway

13

Maximum conviction for insider dealing?

7 years and unlimited fine

14

Offence of insider dealing?

- dealing in shares with inside info
- encouraging others to
- disclosing info to others

15

What is bribery?

- giving/offering a bribe to induce someone to perform a function
- requesting/receiving bribe
- bribing foreign official

16

Maximum conviction for bribery?

10 years unlimited fine