Glossary term

Penal Defence: Adequate Procedures

This term has 2 definitions.

1. Companies under S7 can avoid liability by demonstrating they had "adequate procedures" following MOJ’s six-principle framework: proportionality, top-level commitment, risk assessment, due diligence, communication/training, and monitoring/review. This defence hinges on implementation, not paperwork.

2. Companies can avoid liability under Section?7 by implementing “adequate procedures” per Ministry of Justice guidance. These include risk assessment, top-level commitment, due diligence, training, and ongoing monitoring. Effectiveness is judged on action, not documentation alone.

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