Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
1 February 2016
Recovering proceeds of crime: MPs question effectiveness of regime
The Home Affairs Committee launched an inquiry on 21 January into how effectively the measures introduced in the Proceeds of Crime Act 2002 (POCA), to deprive criminals of any benefit from their crimes, are working. MPs will focus on the operation of confiscation orders, the main mechanism through which this policy is implemented.
1 February 2016
PACE update: Changes to Code E
The Police and Criminal Evidence Act 1984 (‘PACE’) is accompanied by a number of Codes of Practice which provide guidance on the detention and treatment of suspects. Code E is the Code of Practice governing the audio recording of interviews with suspects.
1 February 2016
SFO’s policy on dealing with seized material potentially subject to legal professional privilege deemed lawful
The Divisional Court has (in R (McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin)) upheld the legality of the procedure set out in the Operational Handbook of the Serious Fraud Office (SFO) for dealing with material potentially subject to legal professional privilege (LPP) embedded in electronic devices that have been seized using statutory powers, or produced in response to a notice. In doing so, the Divisional Court has clarified the scope of the legal duty on law enforcement bodies for protecting LPP when processing seized material.
29 January 2016
Considering business with Iran? Proceed with caution
16 January 2016 saw a significant change in the international sanctions regime against Iran. On so-called Implementation Day, all EU (and some US) economic and financial sanctions against Iran were lifted. Iran, a country roughly the size of the UK, France, Germany and Spain combined and with a population of over 78 million is replete with natural resources. The lifting of sanctions therefore offers real commercial opportunity. Some sanctions, however, remain in force and those wishing to do business involving Iran should therefore still proceed with caution. This blog post considers the latest developments.
28 January 2016
Crime and Security Act 2010: Under Scrutiny
Five years on from the Crime and Security Act of 2010, the Home Office submitted, at the end of last year, a preliminary assessment of the operation of Act. Amongst other things, the Act covers: stop and search; domestic violence; retention, use, destruction of biometric data; gang-related violence; ASBOs; private security; and prison security. In a memorandum to the Home Affairs Select Committee, the Home Office set out the overriding objectives of the Act:
- 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