§ 33. Mr. Campbell-SavoursTo ask the Attorney-General what is his Department's policy in relation to the prosecution of individuals who mount phoenix operations following the collapse of companies in which they have been previously involved. [42757]
The Attorney-GeneralA so called "Phoenix Operation" does not, in itself, constitute a criminal offence. However, where there is evidence that a "Phoenix Operation" may have involved an offence or offences—for example there has been fraudulent trading—then the prosecuting authorities adopt the same policy as with other suspected offences, namely, to assess whether there is enough evidence to provide a realistic prospect of conviction; and if so, to assess whether it is in the public interest that there should be a prosecution.