The Territorial Reach of the SFO - The Supreme Court Decides
Some of the quotes Alun made include:
Given almost all of its cases involve some element of overseas evidence gathering, this decision will be disappointing for the SFO – not least since, following Brexit, it no longer has access to European Investigation Orders."
States do not generally welcome the use by other states of extraterritorial powers within their borders, so a judgment in the SFO’s favour was never going to spell the end of conventional mutual legal assistance in its cases. It simply has to double down now on making those mechanisms work."
It’s the cornerstone of international law that you don’t exercise powers in someone else’s country without their permission . . . mutual legal assistance is the default route and it can be slow but . . . it is a system built by nation states that says they will not conduct investigation in each other's frontiers, it’s an expression of state sovereignty.”
You can read the full articles by clicking above (some require subscriptions) and all have been published from 5 February 2021 onwards.
For further information on any issue raised in this news piece, please contact a member of our criminal litigation team.
Alun Milford is a Partner in the Criminal Litigation team and specialises in serious or complex financial crime, proceeds of crime litigation and corporate investigations. He has particular knowledge and experience of issues surrounding corporate crime and deferred prosecution agreements. He joined Kingsley Napley from the public sector where, over a twenty-six year career as a government lawyer and public prosecutor, he worked in a wide variety of roles including General Counsel at the Serious Fraud Office, the Crown Prosecution Services’ Head of Organised Crime, its Head of Proceeds of Crime and Revenue and Customs Prosecutions Office’s Head of Asset Forfeiture Division.
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