Companies Act 2014 section 868

Prosecution of companies on indictment

Section 868 sets out the procedural rules that apply when a company is charged with a serious (indictable) criminal offence, including how it may be represented in court, how pleas are entered, and how a representative is appointed.

• A company charged with an indictable offence may appear and answer questions at all stages of proceedings through an appointed representative; if it fails to appear, the District Court may proceed in its absence and send the case forward for trial.
• Any legal rights of objection or election, and any plea that could be entered by an individual accused, may be exercised or entered in writing by the company's representative; failure to appear or enter a plea is treated as a not guilty plea.
• A representative is a person duly appointed by the company solely for the purposes of this section and does not need to be appointed under the company seal; the appointment does not authorise the representative to act for the company in court for any other purpose.
• A written statement signed by a managing director or equivalent officer confirming the appointment of the representative is admissible as evidence of that appointment without further proof.