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Criminal Law Blog

25 June 2020

End of the road for the NCA in NCA v Baker

In our previous blog, ‘Unexplained Wealth Orders: An overview of the regime to date’ we considered the challenges faced by the NCA in their efforts to use the relatively new statutory tool of Unexplained Wealth Orders (UWOs). Unfortunately for the NCA, one of the four cases they have focused their efforts on since its introduction has now been unequivocally lost.

Jonathan Grimes

19 June 2020

On its way: The UK-US Bilateral Data Access Agreement

Over four years of negotiations later and the UK-US Bilateral Data Access Agreement (the Agreement) is expected to come into effect next month. The Agreement will enable law enforcement authorities on both sides of the Atlantic to obtain electronic data directly from communication service providers (CSPs) in the other country for the purposes of criminal investigations and prosecutions for serious crime.

Rebecca Niblock

18 June 2020

Unexplained Wealth Orders: An overview of the regime to date

Unexplained Wealth Orders (UWOs) were introduced pursuant to the Criminal Finances Act (CFA) 2017 in order to bolster the UK’s proceeds of crime regime and they have been the subject of much media attention because of the vast sums of money and high value property involved. The NCA and other law enforcement agencies have now had over two years to avail themselves of this investigatory tool and in this blog we consider the challenges that have arisen and what lessons have been learnt to date.

Jonathan Grimes

15 June 2020

Dying hope for a post-Brexit extradition deal

Britain and the EU are unlikely to agree on an alternative to the European arrest warrant. Extradition arrangements between Britain and EU have been low on the list of post-Brexit negotiating priorities.

Yet recent developments in the Madeleine McCann case highlight what the UK stands to lose if no deal is struck on future criminal law enforcement co-operation — and how Brexit has already affected arrangements around the European arrest warrant.

11 June 2020

COVID-19: Can you be prosecuted for opening your shop?

The Secretary of State for Business, Energy and Industrial Strategy (“BEIS”), Alok Sharma, announced this week that non-essential shops will be allowed to open from 15 June. Mr Sharma also stated that if shops do not follow COVID-secure guidelines they could be subject to enforcement notices. What does this mean?

Sophie Wood

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