Blog
Permission to Visit - Goldilocks and the Three Bank Statements
Robert Houchill
12 February 2018
Business and Human Rights: Magnitsky clause now in force
The Criminal Finances Act 2017 (enacted in April 2017) introduced a series of measures of which a number, including Unexplained Wealth Orders (see related blog) and the so-called "Magnitsky Amendment," have recently come into force.
12 February 2018
Litigation privilege in internal investigations – a more “realistic” approach
A number of recent cases have adopted a narrow approach to the question of whether legal professional privilege can be claimed over documents created in the course of internal investigations (see in particular SFO v ENRC [2017] 1 WLR 4205, The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) and PAG v RBS (No 3) [2015] EWHC 3341 (Ch)).
12 February 2018
Starting a private prosecution; getting it right first time
A private prosecution, is a criminal prosecution commenced by a person or organisation rather than a public prosecuting authority. A private prosecution is commenced in the same way as a public prosecution, by laying a charge sheet referred to as an ‘information’ in a Magistrates’ Court. Once the information has been laid in court the Clerk or Magistrate will check to see if it is in the correct form and if it is they will issue a warrant or summons in order to secure the attendance of the defendant at court on a future date.
5 February 2018
Policing the internet – "fake news" and social media offence update
Fake news has dominated the headlines since the Trump presidency began both in the USA and across the globe. High profile individuals and politicians regularly defend allegations by complaining about inaccurate digital and hardcopy print. However, individual members of the public are also suffering at the hands of social media more and more. In response to the rise in online offending, the CPS published Guidelines on social media offences at the end of 2016.
5 February 2018
Has Brexit undermined the UK’s ability to extradite its fugitives?
Whilst the uncertainty over Brexit and the painfully slow progress of political talks continues, the Supreme Court of Ireland has taken matters into its own hands and decided that the Irish state cannot surrender an individual who is the subject of an European Arrest Warrant (EAW) to the UK because of the risk that his rights as an EU citizen will not be enforceable in the UK post-Brexit. This has raised concerns that other countries could follow suit and leave the UK unable to rely on the EAW system whilst the terms of Brexit are being agreed.
- 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