Legal Updates

23 November 2018

Changes to the Code for Crown Prosecutors

David Sleight discusses the revised ‘Code for Crown Prosecutors’ and suggests that a shift in policy to encourage prosecutors to carefully review cases and exculpatory evidence at an early stage is a good idea in principle. Sleight argues the revised code is, however, ‘yet another example of a well-intentioned policy change that has little or no consideration as to what is happening on the ground’.

David Sleight

19 October 2018

C5 notices – extrajudicial punishment or innovative policing?

Earlier this week, the BBC and The Victoria Derbyshire programme reported on a new warning notice scheme being issued by some police forces in England and Wales. The notices are issued when police have received intelligence raising concerns about an individual’s sexual behaviour but there is insufficient evidence for the matter to proceed to charge.  

Áine Kervick

17 October 2018

FCA to regulate Claims Management Companies and caps on fees introduced

A number of provisions in the Financial Guidance and Claims Act 2018 (“the Act”) came into force on 1 October 2018, following the Act receiving Royal Assent on 10 May 2018.  Amongst other things, the Act transfers the regulation of Claims Management Companies (“CMCs”) from the Ministry of Justice (“MoJ”) to the Financial Conduct Authority (“FCA”) and imposes caps on the fees which CMCs can charge.  The FCA will take over regulation from April 2019.

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. 

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

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