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Criminal Law Blog

21 September 2023

Three recent cases raise questions over FCA enforcement strategy

A recent sequence of adverse decisions by the Upper Tribunal could have significant implications for future Financial Conduct Authority cases.

James Alleyne

19 September 2023

NHS trust and hospital ward manager charged with criminal offences following the death of patient

On 7 September 2023 it was announced that charges were authorised by the CPS against North East London NHS Foundation Trust (NELFT), following an investigation by the Metropolitan Police into the death of 22-year-old patient Alice Figueiredo on 7 July 2015 at Goodmayes Hospital in Redbridge, East London.

Sophie Wood

19 September 2023

What’s happening with failure to prevent?

Since our last update on the progress of the Economic Crime and Corporate Transparency Bill, Parliament has taken its summer break, and the British weather has been through all its seasons and back again.

But are we any closer to getting new corporate criminal offences on the statute books? The unavoidably non-committal answer is ‘yes and no’.  In this article we chart the progress of the potential new failure to prevent fraud offence, but also the late introduction of amendments to extend the persons who can be the “directing mind and will” of a corporate body in order to establish corporate criminal liability.

Louise Hodges

6 September 2023

Expanded liability under new national security acts

The National Security Act (NSA) received royal assent on 11 July. The NSA repeals the official secrets acts of 1911, 1920 and 1939 and creates a range of new offences.

Sophie Wood

26 July 2023

The TCA, the ECHR and the Illegal Migration Act

While the Illegal Migration Act 2023 received royal assent on 20 July, it was not accompanied by a declaration under the Human Rights Act 2003 that its provisions are compatible with the European Convention on Human Rights (‘the ECHR’), but with an “ECHR memorandum” stating that the government was of the view that Convention rights were not infringed. Nonetheless, the Prime Minister has acknowledged that the provisions “[push] the boundaries of what is legally possible while staying within the ECHR” and that the government would be “willing to reconsider whether being part of the ECHR is in the UK’s long-term interests”.

Rebecca Niblock

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