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Kingsley Napley contributes to significant Law Commission criminal justice reform project
The Law Commission yesterday published its long-awaited recommendations for reform of the UK’s post-conviction confiscation regime.
Work on the project began in November 2018, after the Home Office asked the Law Commission to review the regime found in Part 2 of the Proceeds of Crime Act 2002.
After carrying out its initial work, the Commission published a consultation paper in September 2020. Kingsley Napley was asked to contribute at an early stage of the project, and was one of only three solicitors’ firms to provide a formal response to the paper. Partner Nicola Finnerty, legal director Gemma Tombs and associate Alfie Cranmer made up the firm’s working group, drawing on their extensive experience in acting for individuals in confiscation proceedings.
The Commission’s final report on the project, which runs to more than 600 pages, sets out a number of important recommendations with the common goal of improving the efficiency and efficacy of the regime, under the updated statutory headline of “depriving defendants of their benefit from criminal conduct, within the limits of their means.” Kingsley Napley’s contributions to the project have featured widely in the report, which contains recommendations aiming to:
- speed-up confiscation proceedings by establishing strict timetables for hearings;
- give courts the power to impose so-called contingent enforcement orders along with making a confiscation order;
- strengthen the restraint order framework, including by codifying the “risk of dissipation” test;
- strengthen law enforcement agencies’ responses;
- update the provisions that factor in a defendant’s criminal lifestyle when assessing their benefit from crime;
- give greater consideration to the defendant’s ability to pay an order; and
- create more flexible tools for judges when drawing up orders.
The Law Commission’s full and summary reports can be downloaded from this web page. The consultation paper is available by clicking here. You can find out more about our white collar and financial crime practice by clicking here.
Further Information
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ABOUT THE AUTHORS
Nicola Finnerty is a Partner in our Criminal Litigation team and a leading expert in white collar and business crime, proceeds of crime & asset forfeiture. Over the last 25 years she has been involved in many of the most high-profile, complex criminal and regulatory investigations and prosecutions, both in the UK and in matters which span multiple jurisdictions. Her expertise includes money laundering, fraud & bribery and corruption along with being regularly consulted by individuals and institutions in the regulated sector in respect of the Money Laundering Regulations 2017. Nicola represents high-net-worth individuals, multi-nation corporate clients, financial institutions and professional firms in investigations and proceedings brought by UK enforcement agencies.
Gemma Tombs is a Legal Director in the Criminal Litigation team and brings a wealth of experience to the role, having advised clients facing investigation and prosecution for many years. Gemma was previously a partner at Corker Binning and has been ranked as a leading individual in Crime by Chambers & Partner and been recommended by The Legal 500 in Fraud: White Collar Crime.
Alfie Cranmer is an associate in the firm’s Regulatory team. He specialises in advising regulated professionals who are subject to investigations and disciplinary proceedings in the legal, finance and healthcare sectors. He has a particular interest and expertise in advising students who face behavioural, sexual or academic misconduct allegations brought by their education providers.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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