Jurisdictional Issues

Different jurisdictional interests may arise between prosecuting authorities and regulators, both domestically and overseas, depending on the type of offence and the type of corporate and individual suspects. Many agencies, including the police, Serious Fraud Office (SFO), Financial Conduct Authority (FCA), Crown Prosecution Service (CPS), Health and Safety Executive (HSE) and others may be interested in the same set of facts.

Prosecutors should be mindful of the protocols set out in The Prosecutors Convention and establish communication with any other relevant agency at an early stage to ensure effective liaison and co-operation.

In respect of overseas investigations and prosecutions both Eurojust and the Judicial Assistance Network play a crucial role in the coordination and facilitation of prosecutions. There is also the Guidance for Handling Criminal Cases with Concurrent Jurisdiction Between the United Kingdom and the United States of America.

The team at Kingsley Napley is experienced in acting for companies who are subject to criminal investigation and prosecution either by multiple domestic or else by domestic and overseas agencies. We have a network of lawyers in other jurisdictions and are used to working closely with them to agree strategy with a view to the best possible outcome for the company.

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