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Criminal Law Blog

17 June 2015

Sentencing very large companies for environmental crimes – Fines equal to 100% of profit not unreasonable

The first case involving a very large organisation to come before the Court of Appeal since the implementation of new environmental sentencing guidelines, has confirmed that such offenders can now expect fines to run into several millions of pounds.

10 June 2015

The Psychoactive Substances Bill 2015-16 – legal highs, how low can you go?

The Psychoactive Substances Bill 2015-16 is one of the first pieces of legislation published in this Parliament and is due for its second reading in the House of Lords on 9 June. Whilst, albeit belatedly, the law of unintended consequences has stalled the repeal of the Human Rights Act, sadly such foresight has not been adopted in relation to the all-too-human – and often entirely harmless – desire to seek pleasure. 

Ed Smyth

1 June 2015

Will Court of Appeal ruling force FCA to re-think its use of its name and shame powers?

A recent ruling at the Court of Appeal may affect the way in which the Financial Conduct Authority (FCA) publishes enforcement notices referring to third parties.

Section 393 of the Financial Services and Markets Act 2000 (“FSMA”) gives third parties certain rights in relation to notices given to another person in respect of whom regulatory action is being taken.  It requires that a person prejudicially identified in such a notice be given a copy of the notice and the opportunity to make representations upon it. 

Jill Lorimer

28 May 2015

Magistrates order payment of prosecution costs in excess of £10,000

Earlier this month Flintshire Magistrates’ Court ordered David Pickup to pay £10,384 in prosecution costs after he was found guilty of speeding.  With summary trials usually attracting prosecution costs of £500 to £1,000, this was an extraordinarily high sum to be awarded.

Sophie Wood

26 May 2015

New criminal offence for illegal workers – will it have any impact?

David Cameron has announced his plans to introduce a major Immigration Bill which will provide for a new criminal offence of illegal working as part of a raft of anti-immigration measures. The primary purpose of the new offence is to prosecute illegal workers so that their wages may be seized as the proceeds of crime under the confiscation regime. The offence will apply to migrants who have entered the country illegally as well as those who came to the country legally, but have overstayed.

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