COULD I GET A SUSPENDED SENTENCE FOR FRAUDULENT TRADING?

Being accused of fraudulent trading can be a life-changing event. If you are facing such allegations, you may be feeling overwhelmed, frightened, and unsure about what the future holds. You might be wondering what fraudulent trading actually means, what penalties you could face, and whether there are alternatives to an immediate prison sentence, such as a suspended sentence. Understanding your options and the steps you can take to improve your situation is crucial. This article aims to explain, in straightforward terms, what fraudulent trading involves, the typical sentences handed down by the courts, how suspended sentences work, and what you can do to give yourself the best possible chance of a positive outcome.

What is fraudulent trading?

Fraudulent trading is a criminal offence that arises when a company carries on business with the intent to defraud creditors or for any fraudulent purpose. This offence is set out in Section 993 of the Companies Act 2006. It is most commonly associated with company directors or those in control of a business, but anyone involved in the management of a company can be prosecuted if they knowingly participate in fraudulent activities.

In practical terms, fraudulent trading might involve deliberately running up debts with no intention of paying them, hiding assets from creditors, falsifying company accounts, or continuing to trade when the business is clearly insolvent. For example, if a director continues to order goods or services on credit while knowing the company cannot pay for them, or if false information is provided to secure loans or investment, this could amount to fraudulent trading. The key element is dishonesty and an intention to deceive or defraud.

What are the usual sentences for fraudulent trading?

The penalties for fraudulent trading can be severe, reflecting the seriousness with which the courts view this type of offence. Under the Companies Act 2006, the maximum sentence is 10 years’ imprisonment and/or an unlimited fine. However, the actual sentence imposed will depend on the specific facts of the case, including the scale of the fraud, the level of planning, and the harm caused to creditors and others.

Not every case results in a custodial sentence. The courts have a range of sentencing options, from community orders and fines to suspended sentences and immediate imprisonment. In less serious cases, where the fraud was limited in scope or value, or where the defendant played a minor role, a non-custodial sentence may be considered. In more serious cases, particularly those involving significant losses, multiple victims, or a high degree of dishonesty, a prison sentence is much more likely.

What is a suspended sentence and how does it work?

A suspended sentence is a custodial sentence that is not put into effect straight away. Instead, the court imposes a prison sentence but suspends it for a set period, usually between six months and two years. During this time, you are allowed to remain in the community, provided you comply with certain conditions, such as performing unpaid work, attending rehabilitation programmes, or observing a curfew.

If you comply with all the requirements and do not commit any further offences during the suspension period, you will not have to serve the prison sentence. However, if you breach the conditions or are convicted of another offence, the court can activate the suspended sentence, meaning you will have to serve the original prison term in addition to any new sentence. A suspended sentence is therefore both a punishment and a chance to prove that you can stay out of trouble.

Can fraudulent trading result in a suspended sentence?

Most certainly, but this will depend on the seriousness of the offence and the circumstances of the individual involved. Courts have the discretion to suspend sentences of up to two years if they believe that immediate custody is not necessary and that there is a realistic prospect of rehabilitation.

For example, if the fraudulent trading was a one-off incident, involved a relatively small sum, and the defendant has no previous convictions, the court may consider a suspended sentence appropriate. On the other hand, if the offence involved a high degree of planning, significant losses to creditors, or was part of a pattern of dishonest behaviour, the court may decide that only an immediate prison sentence is justified. Each case is considered on its own merits, and the court will weigh up all the relevant factors before making a decision.

What factors do courts consider when deciding on a suspended sentence for fraudulent trading?

When deciding whether to suspend a sentence for fraudulent trading, the court will look at a range of factors. The seriousness of the offence is always a key consideration. The court will assess the scale of the fraud, the amount of money involved, and the number of victims affected. The level of planning and sophistication, as well as whether the defendant abused a position of trust, will also be taken into account.

The impact on creditors and others who have suffered loss is an important factor. If the fraudulent trading caused significant financial harm or undermined confidence in the business community, this will weigh against a suspended sentence. However, the court will also consider the personal circumstances of the defendant, such as age, health, family responsibilities, and previous good character.

Evidence of genuine remorse, efforts to make restitution, and a willingness to comply with any requirements imposed by the court can all help to persuade the judge that a suspended sentence is appropriate. The likelihood of reoffending is also crucial; if the court believes that the defendant is unlikely to commit further offences and that a suspended sentence would support rehabilitation, this may tip the balance in favour of suspension.

How serious does the offence have to be for a prison sentence for fraudulent trading?

Not every case of fraudulent trading leads to a prison sentence. The court will only impose immediate custody if the offence is so serious that no other sentence is appropriate. This is usually the case where the fraudulent trading was deliberate, sustained over a period of time, and involved significant losses or harm to others.

For example, if a company director systematically deceived creditors over many months, falsified accounts, and caused substantial financial losses, a prison sentence is likely. Similarly, if the offence was part of organised criminal activity or involved multiple victims, the court will view it as particularly serious. On the other hand, if the offence was a one-off, involved a relatively small sum, and there are strong mitigating factors such as personal hardship or mental health issues, the court may consider alternatives to custody.

The presence of aggravating factors, such as previous convictions for similar offences, abuse of trust, or attempts to conceal the fraud, will make a prison sentence more likely. Each case is unique, and the court will consider all the circumstances before deciding on the appropriate sentence.

What can I do to improve my chances of getting a suspended sentence for fraudulent trading?

If you are facing a charge of fraudulent trading, there are practical steps you can take to improve your chances of receiving a suspended sentence rather than immediate custody. The most important is to seek specialist legal advice as soon as possible. An experienced criminal defence solicitor can help you understand the case against you, gather evidence in your favour, and present your circumstances in the best possible light.

Showing genuine remorse for your actions is vital. This might involve making a full admission, apologising to the court, and demonstrating that you understand the seriousness of what you have done. Taking steps to make amends, such as offering compensation to those affected or cooperating fully with the authorities, can also be persuasive.

Providing evidence of positive personal circumstances, such as stable employment, family commitments, or community involvement, can help to show that you are unlikely to reoffend and that a suspended sentence would support your rehabilitation. If there are underlying issues that contributed to the offence, such as financial difficulties, addiction, or mental health problems, addressing these and providing evidence of your efforts can make a significant difference.

Ultimately, the court wants to see that you are taking responsibility for your actions and are committed to making positive changes. A well-prepared and persuasive case, supported by expert legal representation, can greatly improve your chances of a favourable outcome.

Where to get more help

If you are facing allegations of fraudulent trading and are concerned about the possibility of a prison sentence, we are here to support you. At Stuart Miller Solicitors, we have a wealth of experience in defending clients accused of business-related offences and achieving the best possible results, including suspended sentences where appropriate. Contact us for a free, confidential consultation so we can begin work on defending your fraudulent trading charges today.

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Polina Koleva

10:09 19 May 25

I was in a situation that I couldn't even imagine myself being in, but I will be always grateful to Anna and Mr Abu Kibla for taking my case and helping me all day way through. What incredible team of defence solicitors! There will never be enough words to say how thankful I am to them!

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17:41 16 May 25

Towards the end of last year, I got myself into a tricky situation got in contact with Stuart Miller Solicitors and a lovely lady by the name of Kiran contacted me was very professional in the way she handled my case efficient and prompt in communication. Would highly recommend this firm. Kiran herself went above and beyond to assist me, and advise me of my legal rights.

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11:57 01 May 25

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22:26 07 Apr 25

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17:44 04 Mar 25

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12:22 04 Mar 25

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12:10 21 Feb 25

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11:09 11 Feb 25

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

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13:29 16 Jan 25

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12:22 13 Jan 25

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13:53 10 Jan 25

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16:04 09 Jan 25

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11:32 08 Jan 25

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11:29 07 Jan 25

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11:51 04 Jan 25

When i was charged with something i did not do, I knew I needed the best help I could get. Victoria and Savannah didn’t let me down. They knew exactly what they were doing and were by my side the whole time. They managed to get my charges dropped.

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15:34 03 Jan 25

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12:25 11 Dec 24

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14:20 10 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

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Javs

15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

Edan Lungo-Osman

11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

N A

14:13 14 Aug 24

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19:53 11 Aug 24

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09:14 10 Aug 24

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17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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16:59 11 Jul 24

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mary Cerimi

15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

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