Criminal and White-Collar

A dishonoured company cheque often leads to criminal complaints against every director on the board. Supreme Court case law draws clear lines between those who can be prosecuted and those who cannot. This paper sets out those lines for directors, independent directors and complainants.

In just over two years, the Supreme Court has turned the right to be informed of the grounds of arrest into a written, language-specific safeguard that applies to every offence. This paper traces that development, its consequences for investigating agencies and accused persons, and the question now heading to a larger bench.