Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
26 February 2024
C4’s ‘The Jury: Murder Trial’ - what’s the verdict on our jury system?
The programme The Jury: Murder Trial being broadcast on Channel 4 is already proving to be fascinating viewing. The programme in 4 parts follows the deliberations of two juries as they observe a murder trial.
22 February 2024
Getting tough on insider trading
Insider dealing has long been a serious topic for financial services firms and their regulator, and continues to be a widespread issue across the sector. In the UK, activities which can amount to insider dealing have been criminalised since the 1980s, and are now covered by Criminal Justice Act 1993 (“CJA”), as amended most recently by The Insider Dealing (Securities and Regulated Markets) Order 2023.
In England and Wales, the Financial Conduct Authority (“FCA”) is empowered by section 402 of the Financial Services and Markets Act 2000 to prosecute criminal offences of insider dealing under the CJA. There is also a parallel civil regime under the Market Abuse Regulation, as set out in the MAR module of the FCA’s Handbook, pursuant to which the FCA can also take enforcement action.
21 February 2024
Difficulties in sentencing historic sexual offences
Cases relating to historic sexual offences seem to have dominated the media in recent times. Some difficult and sensitive issues can arise when the courts are dealing with such cases. When sentencing offenders convicted of historic sexual offences, relatively recent case law provides some helpful guidance (in particular, the cases of R v Limon [2022] EWCA Crim 39; R v Ahmed and others [2023] EWCA Crim 281; and, R v A (Whitelam) [2023] EWCA Crim 1204).
19 February 2024
Immigration issues and the regulatory consequences for financial services firms
For firms regulated by the Financial Conduct Authority (FCA), it is vital that the business – and its relevant employees – ensure that its conduct is without reproach in order to avoid supervisory or regulatory difficulties. This extends to issues of governance and administrative matters, as well as more obvious issues of conduct (such as, for example, financial misconduct) which often receive more press.
13 February 2024
Charges can be brought in France for crimes against humanity
In January 2024, France’s highest court ruled that LafargeHolcim could be charged with crimes against humanity. This marks the “end of the beginning” of the long-running criminal proceedings against the international cement group and reinforces France’s reputation as an international leader in prosecuting cases by claiming universal jurisdiction.
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