Criminal Law Blog

20 September 2018

Search warrants at banks in the UK: what you need to know

Many a CF11 money-laundering reporting officer has watched the police carry his bank's computers away in the knowledge that this will bring its business - or part of it - to a grinding halt. What can a firm do to minimise disruption of this kind and challenge a search warrant? In this blog, Vivien Cochrane takes the compliance officer through the vagaries of British law, with a checklist for action at the end. 

19 September 2018

Mutual trust remains until we leave: notification of intention to leave the EU not an exceptional circumstance

This blog reviews Case C-327/18 PPU Judgment of the Court (First Chamber) 19 September 2018. In short: “Mere notification” is not an exceptional circumstance within the meaning of the case law which is capable of justifying a refusal to execute an EAW. Substantial grounds to believe that the requested person is at risk of being deprived of rights recognised by the Charter and the Framework Decision, following the withdrawal from the EU of the issuing MS, are required for the MS to refuse to execute the EAW while the issuing MS remains a member of the EU.

Áine Kervick

10 September 2018

The Crime (Overseas Production Order) Bill - We must not lose control of data sharing

Scant attention has been paid to the House of Lords review of the Crime (Overseas Production Order) Bill — yet the legislation will give the UK authorities vastly extended powers to see data stored overseas for the purposes of criminal prosecutions. Critically, the bill needs more safeguards to protect individual rights before it gains final approval.

Rebecca Niblock

10 September 2018

How best to react to claims of sexual misconduct

THE media storm surrounding former SNP leader Alex Salmond has in many ways been fuelled by his confrontational approach to the sexual misconduct claims raised against him. These allegations came to the public’s attention when he commenced legal proceedings against the Scottish Government about their handling of investigations. Some consider this a smart move, others a political distraction from the underlying claims. It will be interesting to see how his case plays out given his very public profile. 

Kirsty Churm

6 September 2018

The risk of Salmond’s aggressive approach to allegations

Alex Salmond has become the latest high-profile individual to find themselves accused of criminal conduct in the workplace. While the Scottish legal system is separate to that of England and Wales, common themes can be seen. The accusations are depressingly familiar: a power imbalance, alcohol and an allegation of sexual misconduct.

Matthew Hardcastle

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