Other station matters
Breach of disqualification from acting as a director
Company Directors Disqualification Act 1986, s.13
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- Acts in contravention of a disqualification order (or equivalent undertaking/disqualification) under the Company Directors Disqualification Act 1986, s.13.
Mens rea
- Acting in contravention — taking part in the management of a company while disqualified is the usual fact pattern. Read the order.
Defences
No disqualification in force · Conduct not management / not in contravention of the order · Leave of the court if that is the statutory route
Sentencing Council
Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 1 year and 6 months’ custody.
At the police station
Get the disqualification order and Companies House print. This is not a Fraud Act charge unless one is added.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Company Directors Disqualification Act 1986, s.13 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗