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Criminal Law Blog

3 July 2019

London Climate Action Week: International criminal law and the environment – considering a law of ‘ecocide’

In April 2019, Polly Higgins, a British barrister, passed away after devoting ten years of her life to a campaign for a new law of ‘ecocide’ – a law that would make corporate executives and government ministers criminally liable for the damage they cause to the environment.  In this blog, we consider the current framework for punishing environmental crime at international level, and what the proposed crime of ecocide might look like.

Josephine Burnett

21 June 2019

Criminalising children – at what age and what cost?

As the Scottish Parliament raises the age of criminal responsibility to 12, the law in England & Wales becomes even more isolated from the rest of the Western World. The Equality and Human Rights Commission, in relying on the United Nations Convention on the Rights of the Child (UNCRC), a convention to which the UK is a signatory, continues to criticise the UK in no uncertain terms regarding our failure to raise the age from 10 (the lowest in the region) to 14.

Sandra Paul

21 June 2019

Overhaul of SARS regime to be welcomed

The Law Commission has this week made an important intervention in the world of anti-money laundering with its report on the Suspicious Activity Report (SARs) regime, including an analysis of weaknesses of the current system and a series of recommendations to make things streamlined, clearer and above all more workable

Jonathan Grimes

7 June 2019

The rights of third parties in confiscation matters: an inhospitable landscape

In R v Morrison [2019] EWCA Crim 351, the Court of Appeal held that there was no general power in the Proceeds of Crime Act 2002 (POCA) to avoid hardship or injustice to a third party when determining whether or not to include a tainted gift of approximately £40,000 in a confiscation order.

Ed Smyth

4 June 2019

Unexplained Wealth Orders for prime property

The National Crime Agency announced last week that it has secured three Unexplained Wealth Orders as part of its investigation into London property linked to “a politically exposed person believed to be involved in serious crime.”  We are told that the UWOs are for three residential properties in prime locations – originally bought for more than £80m and held by offshore companies.

Ed Smyth

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