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Criminal Law Blog

17 July 2018

Search Warrants: the case for reform – an introduction

The Law Commission recently announced a consultation into the law and practice governing search warrants with a deadline for responses of 5 September 2018. This is the first in a series of blogs which explore the current system and the proposals for reform.  In this series, we consider the key problems with the current law as identified by the Commission and share our thoughts and experience in respect of these: complexity, inconsistency, its outdated nature and the costs incurred.  We review the issue of costs in part two.

16 July 2018

Revised PACE Codes of Practice coming into force

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F and H) Order 2018 changes will bring the codes in line with changes in legislation, policy, operational policing practice and case law. These changes to Codes C (detention), E (audio recording of interviews), F (visual recording of interviews) and H (detention – terrorism) come into effect on 31 July 2018. This blog sets out the key changes due to come into force.

16 July 2018

Long arm of the law: new powers to gather electronic evidence overseas

The Crime (Overseas Production Orders) Bill puts forward a new proposal to speed up the process of securing access to electronic evidence held outside the UK. The legislation is rapidly making its way through parliament, and has received little attention thus far. The Overseas Production Order (OPO) would, no doubt, enable information to be shared across borders much more quickly. Nevertheless, the proposals as set out should be assessed with a critical eye: the safeguards for the data subject are limited, with few checks and balances protecting the rights of the individual.

Rebecca Niblock

16 July 2018

FCA: Criminal prosecutions for AML systems and controls failings – a step too far?

In a recent speech, Mark Steward, Director of Enforcement and Market Oversight at the Financial Conduct Authority (FCA), addressed how the FCA is responding to the UK's October 2017 National Risk Assessment of Money Laundering and Terrorist Financing, which identified an emerging risk of money laundering in capital markets.

12 July 2018

What is “sextortion” and what can you do about it?

“Celebrity Sextortion” is a new Channel 4’s programme, which airs tonight and follows Dan Lobb as he seeks to find out how a private and sexually explicit video of him was released online.  The promotion for the programme refers to a Skype video sex session with a Twitter follower he had been flirting with online and it describes this worrying trend as a “very modern cautionary tale”.

Sandra Paul

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