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Private prosecutions – A route to justice for the charity sector
Sophie Tang
The significant sentence handed down (4th January, 2019) to a solicitor after being found guilty of three offences of money laundering shows that law enforcement is serious about cracking down on “professional enablers”. Scott McKay was sentenced to seven years imprisonment for money laundering committed in the course of his business as a conveyancing solicitor. It is reported that his conviction related to his work in the purchase of over eighty properties bought on behalf of members of a criminal gang.
The Overseas Production Order (OPO) marks a sea-change in the ability of law enforcement to gather electronic evidence overseas. Introduced under the Crime (Overseas Production Order) Bill this would give law enforcement agencies and prosecutors the power to apply for an OPO to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime. This is a radical departure from the current mutual legal assistance regime.
This morning, 19th December 2018, the High Court refused the extradition of Alexey Shmatko to the Russian Federation finding, despite assurances from the Federation, that there was a very strong possibility that if extradited he would be held in conditions that were not compliant with Article 3 and further that the absence of any effective monitoring of prisons conditions in the area of Russia to which he would be returned only increased this possibility.
In this blog series, we have explored the concept of consent, the making of a complaint of rape from the perspective of the victim and what happens to those who may be interviewed as witnesses. In this piece we will look at what happens to someone who is accused of rape.
In her submission to Parliament during a debate entitled “Rape Myths and Juries”, Ann Coffey MP advocated several potential solutions to what she characterised as a “crisis” being the “low” conviction rate (32%) for young men aged 18 to 24 charged with rape. Leaving aside (for the moment) any challenge to the assumption that high conviction rates is a legitimate measure of the integrity/success of our criminal justice system, it was a seemingly throw away but incredibly dangerous proposition that caught my attention and should be of concern to every member of our democracy.
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