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Private prosecutions – A route to justice for the charity sector
Sophie Tang
The FCA’s recent consultation (CP24/2) on changes to its enforcement process has provoked what appears to be unanimous opposition from government and industry bodies. Of particular concern is the proposal in consultation paper (“the CP”) that the FCA will publish information about its enforcement investigations, including the identity of the subject of the investigation, where it assesses it to be in the public interest to do so.
When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.
For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.
The inescapable conclusions is that there is something inherent within our education and youth justice systems that punishes difference.
The recent Channel 4 TV programme The Jury: Murder Trial focused attention on the jury trial process, but went for drama and sensationalism over accuracy, as our colleague Greg Foxsmith previously argued. As a result, there was little attention paid to the legal issue in the dramatised case, which was “loss of control” as a partial defence to murder. This may have left some wondering what the actual legal position is.
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