Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
22 February 2018
Prison sentence following “victimless prosecution” for controlling and coercive behaviour
On 18 January 2018, Steven Saunders was sentenced to 18 months imprisonment following his trial for coercive and controlling behaviour in an intimate or family relationship.
Whilst such a sentence is no longer uncommon, this is the first reported case of a conviction in a “victimless prosecution” for controlling and coercive behaviour.
19 February 2018
Litigation privilege: the Court of Appeal endorses ENRC
In another recent case relating to the circumstances required to successfully establish a claim to litigation privilege (see Philip Salvesen’s blog on the case of Bilta & Ors v RBS & Anor [2017] EWHC 3535 (Ch), the Court of Appeal (Criminal Division) has followed the approach adopted in SFO v ENRC [2017] 1 WLR 4205 in ruling that a statement made by an employee to his company’s solicitors as part of their investigation into a death at work was not covered by privilege.
19 February 2018
Criminal evidence disclosure in crisis – what does this mean for private prosecutors?
‘Hundreds of cases dropped over evidence disclosure failings’[1]; ‘All current rape cases to be ‘urgently’ reviewed over disclosure fears’[2]; ‘Police chief admits ‘culture problem’ with evidence disclosure’[3]; these are all headlines which have featured in the media recently following the collapse of several high profile rape trials in quick succession. It goes without saying that the disclosure process is one of the fundamental cornerstones in the criminal justice system. Ensuring the availability of all relevant information is key to safe and fair prosecutions and to proper convictions. The current crisis in disclosure is therefore a worrying one striking at the heart of public confidence in our justice system
19 February 2018
Guest blog: Should companies have a duty to prevent human rights abuses?
The Kingsley Napley International Conference 2018 held a panel debate on “Considering corporate liability for human rights abuses and international crimes, now and in the future.” Read our follow up blog from panelist Alison Macdonald QC.
15 February 2018
The Justice Committee’s report on the Sentencing Council’s draft guidelines on manslaughter
At the end of 2017, the Justice Committee published its report on the Sentencing Council’s draft guidelines on manslaughter.
- Controlling and coercive behaviour
- Corporate crime
- Corporate manslaughter and health and safety
- Crime and justice
- Cyber crime
- Extradition and international crime
- Financial crime and financial regulatory enforcement
- Fraud
- Internal investigations
- Legal Updates
- Online Safety Regulation
- Police investigations
- Proceeds of Crime
- The Economic Crime and Corporate Transparency Act
- Unexplained Wealth Orders
- Youth crime and justice