Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border crime.
The recent acquittal of our client, Oritsé Williams, once again puts a spotlight on the prosecution of rape and serious sexual offences, and the particular complexities faced by high profile individuals defending allegations of this nature.
The Serious Fraud Office (SFO) was established to investigate and prosecute cases involving serious or complex fraud, a mission that inevitably leads it to the corporate sector. In 2010, it was given two significant tools in dealing with companies: a simple route to corporate criminal liability for bribery cases in the Bribery Act 2010 (the stick); and a means of incentivising a company fixed with corporate criminal liability to co-operate with the SFO by entering into a deferred prosecution agreement (DPA) and so avoiding a conviction (the carrot).
On 21 January 2019, the draft Domestic Abuse Bill (“the Bill”) was published by the Government. The stated aim of the Bill is to protect and support victims and their families, pursue and deter offenders and improve the performance of local agencies and services in instances of domestic abuse. It is of relevance to both criminal and family law practitioners.
The Crime (Overseas Production Orders) Act 2019 marks a major departure in the current mutual legal assistance regime in relation to gathering electronic evidence from overseas. Receiving Royal Assent on the 12 February 2019, the act gives powers to law enforcement to apply for an Overseas Production Order (OPO) to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime.