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  • Article

    Restraint Orders Under Scrutiny: The Case Of R v Windsor

    Earlier this year, the Criminal Division of the Court of Appeal handed down their judgment in the case of R v Windsor [2011] EWCA Crim 143, causing a flurry of interest among criminal lawyers.
    United KingdomCriminal Law
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  • Article

    Proposed Changes To The Criminal Cartel Offence

    Are proposed changes to the criminal cartel offence a good thing? BIS published a consultation paper on 16 March 2011 containing its proposals for amending the criminal cartel offence introduced by the Enterprise Act 2003.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Contempt Proceedings Permitted Against The Sun And Daily Mirror

    Contempt proceedings against the media are rare but on 12 May the High Court granted the Attorney General permission to proceed against the publishers of the Sun and Daily Mirror newspapers for contempt of court in relation to their reporting of the police investigation of the killing of Joanna Yeates in late December 2010.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    'Angus' And Forfeiture Applications: The Need To Prove Criminal Conduct

    Discussions of the impact of the Proceeds of Crime Act 2002 almost invariably involve the use of colourful adjectives such as inequitable and draconian.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    All Change On Charging?

    One year ago the Home Secretary announced the introduction of a pilot scheme to pave the way for the gradual restoration of charging powers to the police.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Is Offence An Offence?

    Aberaeron is perhaps not the first place anyone would associate with controversy of any kind, let alone arguments about racial hatred.
    United KingdomCriminal Law
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  • Article

    Time For An Effective Long Term Strategy For The SFO?

    The announcement of the appointment of Simon Duckworth from July this year as a new non executive director to the Serious Fraud Office (SFO) is a welcome move at a time when the government has signally failed to provide the organisation with a clear strategy for its future.
    United KingdomCriminal Law
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  • Article

    As HMRC Ramps Up Criminal Enforcement, Are You Ready For Unexplained Wealth Orders?

    Whatever the rationale for the low number of prosecutions compared to referrals, signs from the Government clearly point towards the fact that priorities are changing.
    United KingdomTax
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  • Article

    Punishing Contempt

    Joanna Fraill, the juror who used Facebook to contact Jamie Sewart, the acquitted defendant whose case she tried, was last week sentenced to 8 months’ imprisonment.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    What Webster Means For Prosecutions Under The Bribery Act

    In the last days of the Victorian law on corruption in England, the Court of Appeal in R v Webster [2011] EWCA Crim 2819 has handed down an important judgment about the reverse burden of proof, the presumption of corruption, in the Prevention of Corruption Act 1916 (PCA).
    United KingdomCriminal Law
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  • Article

    Implications Of The SFO’s Deal With British Aerospace On Overseas Corruption

    The Serious Fraud Office (SFO) announced its "ground breaking global agreement" with British Aerospace (BAe) in early February 2010.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
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  • Article

    Plea Discussions In Fraud Cases: Are The AG’s Guidelines Fit For Purpose?

    The Attorney General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud were initially welcomed by most criminal practitioners, not least because it was anticipated that they would bring a degree of certainty for a defendant or suspect when deciding to plead guilty.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Suspect Rights In Danger From PACE Amendments

    The Home Office issued a consultation paper at the end of October, revising Codes of Practice C, E, F and H to the Police and Criminal Evidence Act 1984 ("PACE").
    United KingdomCriminal Law
    Corker Binning
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  • Article

    How The Flexibility Of English Common Law Can Encourage Good Judgment

    The law concerned with the conduct of criminal investigations and the decisions of prosecutors to launch or not to launch a prosecution is almost entirely judge-made.
    United KingdomCriminal Law
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  • Article

    Fighting Modern Slavery

    Kim Nihill writes that companies must help fight modern slavery or face severe reputational damage.
    United KingdomCriminal Law
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  • Article

    Driving In The UK On A Foreign Licence - Dare You Take The Risk?

    Kamikaze cyclists, the congestion charge and the Parking Enforcement Brigade – it’s a wonder foreign nationals driving in the UK manage to get from A to B without their journey resulting in either corporal or financial ruin.
    United KingdomTransport
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  • Article

    Cash Forfeiture: Insufficient Protections?

    The various asset recovery powers contained in the Proceeds of Crime Act 2002 (POCA) are routinely criticised for being draconian and unfair to those who fall subject to them.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Is Civil Recovery Effective In Settling Overseas Corruption Investigations?

    The Serious Fraud Office (SFO) is increasingly using civil recovery to settle corruption investigations. On 22 July it announced that it had terminated its criminal investigation into Macmillan Publishers Ltd in connection with suspected corruption of government officials in African countries in relation to the award of contracts.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Criminal Offences and Libyan Sanctions

    The international community wasted little time in implementing the recent sanctions against Libya for the first time since 2003. On 26 February 2011, the United Nations passed Resolution 1970 referring the situation in Libya to the International Criminal Court and requiring all Member States to implement an asset freeze, a travel ban and an arms embargo.
    United KingdomInternational Law
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  • Article

    Sweeping New Prosecution Powers For The Financial Services Authority

    A jury at Southwark Crown Court recently convicted Neel and Matthew Uberoi, a dentist and his son, of offences of insider dealing.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
    Corker Binning

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