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Criminal Law Blog

19 November 2020

Outcome 22: are the police utilising this important diversionary tool or leaving it on the shelf?

David Lammy’s landmark review of racial bias in the Criminal Justice System (‘CJS’), made many key recommendations to help improve trust and fairness in the CJS when it was published in 2017. One of which was to expand the use of the deferred prosecution for adults and young offenders.

Maeve Keenan

19 November 2020

Justice delayed is justice denied for clients in lockdown limbo

The top five most stressful events in life are commonly regarded as death of a loved one; divorce; major illness or injury; job loss; and moving house (in that order). Some might argue that the Covid-19 pandemic and associated lockdowns should be a new addition to this list. Not only does it make life more stressful but also the first four events more likely.

David Sleight

17 November 2020

A consistent approach to extensions of moratorium periods for Suspicious Activity Reports

The Government has published a circular on extensions to the moratorium period for Suspicious Activity Reports (SARs), which acts as a restatement of the law and aims to ensure consistency in practice by law enforcement agencies in relation to the Defence Against Money Laundering (DAML) regime under section 335 of the Proceeds of Crime Act 2002 (POCA). The circular, published September 2020, sets out the responsibilities for the agencies involved in the process, and gives some indication of ways in which affected parties can play a part in the process.

Ed Smyth

11 November 2020

The Holiday is Over: Will the FCA’s efforts to support homeowners after the mortgage payment holiday be enough?

One of the impacts of the Covid-19 pandemic is that national income has fallen dramatically. In response to concerns from homeowners unable to meet their mortgage repayment requirements due to a drop in income, the Treasury and Financial Conduct Authority announced a ‘mortgage payment holiday’. This was the result of banks agreeing to allow mortgage-holders suffering from a drop in income to pause their repayments. A ban on home repossessions was put in place at the same time

Anna Holmes

9 November 2020

Non-financial misconduct is misconduct, plain and simple

The FCA announced on 5 November that it has banned three individuals from working in the financial services industry for non-financial misconduct.

Anna Holmes

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