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Private prosecutions – A route to justice for the charity sector
Sophie Tang
The Law Commission has been tasked by the Home Office to consider reforms to the confiscation regime “to ensure they’re effectively depriving convicted offenders of their ill-gotten gains”. Noting that the confiscation regime is a potentially valuable tool by which offenders can be deprived of any benefits they have gained through criminal conduct, the Commission acknowledged that the law in this area is unduly complex and can hamper the effective recovery of the proceeds of crime.
The draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union was presented to the House of Commons on 14 November 2018. It included, under Title V, provisions for on-going police and judicial co-operation.
In a move which demonstrates that it has real teeth as a criminal prosecutor, the Information Commissioners’ Office has secured its first prosecution under the Computer Misuse Act 1990.
The Telegraph reported earlier this month that new guidance issued by the Ministry of Justice is encouraging the police to consider offering conditional cautions to people who view indecent images of children (“IIOC”) online. Although the guidance does not appear to be publicly available, the report suggests that the government considers conditional cautions may be appropriate in cases involving low-risk offenders, where tough conditions can be attached.
On 11 December 2017, the UK government published its five year Anti-Corruption strategy with the aims of preserving the UK’s status as “one of the safest and cleanest places in the world to do business", and “building a strong, confident Global Britain”. Since 2010 the UK has taken significant steps to fight bribery and corruption, and is now ranked, according to Transparency International, as one of the ten least corrupt countries in the world. Notwithstanding this, money laundering and corruption remain a growing threat: the National Crime Agency estimates that over £90bn are laundered through the UK economy each year.
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