In his article posted on 9th July 2018 Nazaqat Maqsoom of Kangs Solicitors considered the consequences, contained within the new guideline issued by the Sentencing Council, of breaching a Director Disqualification Order imposed under the Company Directors Disqualification Act 1986.
He now outlines factors that a court will take into consideration when sentencing for such an offence.
Sentencing Considerations | Kangs Solicitors Director Disqualification Team
Once the court has determined the category, in the fashion referred to in the previous article posted by Nazaqat Maqsoom, it is then obliged to reach a sentence within the appropriate category range from the three alternatives.
Each category divides into the appropriate starting point for sentencing according to the level of culpability.
Thereafter, consideration is given to:
Factors Increasing Seriousness (Aggravating Factors)
In addition to the nature and relevance of previous convictions, breaches that are relevant are those:
- committed shortly after the Order was made
- continued after warnings received
- continued over a sustained period
- where a director has been involved in multiple companies
- motivated by personal gain
- committed whilst on licence or whilst subject to post sentence supervision
- committed whilst on Bail.
Factors Reducing Seriousness (Personal Mitigation).
Such factors include situations where:
- there was a breach not motivated by personal gain
- a genuine misunderstanding of the terms of disqualification has occurred
- a breach was committed after a long period of compliance
- the breach activity was minimal or committed for short duration
- there exists evidence of voluntary reparation/compensation to those suffering loss
- the offender is the sole or primary carer for dependant relatives
- mental disorder or learning disability was linked to the commission of the offence
- the age and /or lack of maturity affected the responsibility of the offender.
Having considered the above the court will then consider:
- any factors which indicate a reduction is appropriate for assistance to the prosecution by the offender
- whether a reduction is appropriate for a guilty plea in accordance with s.144 Criminal Justice Act 2003
- when sentencing an offender for more than one offence, or who is serving a prison sentence, a just and overall appropriate sentence
- whether or not to make any ancillary orders or orders for compensation
- whether to give credit for time spent on bail.
How We Can Help | Kangs Director Defence Solicitors
Breaching a Director Disqualification Order may result in severe consequences and it is, therefore, crucial that you seek expert legal advice as soon as you become aware that you are being investigated or are arrested for any such alleged offence.
Cases of this nature require a legal team with specialist knowledge and extensive experience as they invariably involve complex legal issues.
Kangs Solicitors’ complex crime and regulatory team provides a national service and is regularly instructed to advise and defend directors and other company officials in matters arising from Insolvency, Director Disqualification, Regulatory breaches and/or criminal conduct.
Our team of solicitors have extensive experience in dealing with cases investigated and prosecuted by all the major prosecuting authorities such as the SFO, FCA, HMRC, CPS, Trading Standards and Environment Agency.
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our team through any of the following: