UK Law and Practice Contributed by: Neil Swift, Jasvinder Nakhwal, Charlotte Tregunna and Rachel Cook, Peters & Peters
without reasonable excuse or justification. The offence is punishable by imprisonment for life or any shorter term and by a fine at the discretion of the court. Specifically, misappropriation of funds and embezzle - ment of public funds would likely be covered by the general fraud and theft offences under Section 1 of the Fraud Act 2006 and Section 1 of the Theft Act 1968. 2.5 Intermediaries Under the BA 2010, offences of bribery can be com - mitted either directly or through or with the assistance of third parties. Offences of misconduct in public office may also be committed by third parties by aiding or abetting the principal offender, or by conspiring with the public officer in the commission of the offence (see R v Chap- man and Others [2015] EWCA Crim 539). More broadly, there is no general rule in England and Wales as to whether criminal offences can be com - mitted through the actions of third parties. Each case must be examined by reference to the statutory basis of the offence and its factual context, with consid - eration then given to whether the secondary liability provisions under Section 8 of the Accessories and Abettors Act 1861 apply, or the laws of conspiracy. 2.6 Lobbyists The UK’s Foreign Influence Registration Scheme (FIRS) came into force on 1 July 2025. FIRS requires individuals and organisations to register when they undertake certain activities on behalf of a foreign pow - er to influence UK politics, policy or public life. FIRS operates on a two-tier system: the political influence tier for activities like lobbying, and the enhanced tier for activities conducted on behalf of specified high- risk foreign powers, which includes stricter registra - tion deadlines and penalties. Failure to register can result in criminal penalties, including imprisonment and fines. Lobbying activities are also regulated by the Transpar - ency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. The provisions apply to consultant lobbyists, ie, businesses or individuals making direct communications to Ministers of the
Crown, Permanent Secretaries or equivalent officials on behalf of clients, in return for payment. Any person or organisation carrying out the business of consultant lobbying must register with the Office of the Registrar of Consultant Lobbyists and disclose their clients. A person is prohibited from carrying on the business of consultant lobbying unless they are entered in the register. A breach of that prohibition is an offence under Section 12 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. For summary offences (those triable only in the sum - mary jurisdiction of the Magistrates’ Courts), there is typically a six-month limitation period for bringing prosecutions. Time runs from the point the offence is committed. However, specific statutes may specify a different starting point. There is no statutory time limit for bring prosecutions for either-way or indictable offences, as per Sec - tion 127 of the Magistrates’ Courts Act 1980 (“MCA 1980”). Proceedings may be commenced at any time unless a specific statutory provision imposes a limita - tion period. However, undue delay in bringing a case can amount to an abuse of process. 3. Scope of Application 3.1 Limitation Period There is no specific statutory time limit for bringing prosecutions for offences under the BA 2010. The offences are either-way or indictable offences, and as such, the general rule in the MCA 1980 applies. 3.2 Geographical Reach of Applicable Legislation The general rule on territoriality for criminal offences in the UK is that English criminal law only applies to acts or omissions committed within the territorial limits of England and Wales. For a criminal offence to have extraterritorial effect in law, this must be specifically provided for by legislation.
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