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answering dept short name	Business, Energy and Industrial Strategy
date	2019-10-29
min answer › question first answered	2019-08-07T11:43:50.453Z
hansard heading	Directors: Prosecutions

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answering dept short name

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house id

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question text

tabling member constituency

tabling member printed

uin

answer

is ministerial correction

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answer text

answering member constituency

answering member printed

question first answered

answering member


label

tabling member


label

1167007

registered interest

date

29/10/2019

answering body

Department for Business, Energy and Industrial Strategy

answering dept id

201

answering dept short name

Business, Energy and Industrial Strategy

answering dept sort name

Business, Energy and Industrial Strategy

hansard heading

Directors: Prosecutions

house id

legislature

25259

	pref label	House of Commons

question text

To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the letter of 23 September 2019 from the Minister for Small Business, Consumers and Corporate Responsibility to the hon. Member for Alyn and Deeside, for what reasons it is the Government’s policy that it is rarely in the public interest to prosecute directors who abandon companies.

tabling member constituency

Alyn and Deeside

tabling member printed

Mark Tami

uin

7235

answer

is ministerial correction

date of answer

05/11/2019

answer text

A prosecuting authority must ensure that any proposed prosecution meets the tests in the code for Crown Prosecutors. They are:<ul><li>That there is sufficient evidence an offence has been committed;</li><li>That there is a reasonable expectation that a conviction can be secured; and,</li><li>That the prosecuting authority must be satisfied that if a conviction is secured the Courts will impose more than a nominal penalty.</li></ul> Abandoning a company as such is not an offence. A prosecution could only be for failing to file statutory documents: accounts or a confirmation statement. It is rarely the case that prosecuting the directors of a company that is no longer required meets the above tests.

answering member constituency

Rochester and Strood

answering member printed

Kelly Tolhurst

question first answered

05/11/2019 15:27:35

answering member

4487

	label	Biography information for Kelly Tolhurst

tabling member

1383

	label	Biography information for Mark Tami