‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’
Mountford Chambers, 22nd May 2024
Source: www.mountfordchambers.com
‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’
CrimeCast.Law, 30th November 2020
Source: crimecast.law
‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’
5SAH, 27th July 2020
Source: www.5sah.co.uk
‘Rape and sexual assault complainants say police have stopped investigating their cases after they refused to reveal up to seven years of phone data.’
BBC News, 23rd July 2019
Source: www.bbc.co.uk
‘A raft of new measures mean people can be jailed for viewing terrorist propaganda online, entering “designated areas” abroad and making “reckless expressions” of support for proscribed groups.’
The Independent, 13th April 2019
Source: www.independent.co.uk
‘Thousands of pounds worth of antiques that a hospital surgeon claimed had been stolen from him are still “under his control”, despite him being jailed.’
BBC News, 13th April 2019
Source: www.bbc.co.uk
‘Lauri Love, the computer scientist who won a landmark appeal against extradition to the US for allegedly hacking into American government websites, has begun a legal battle to try to get his seized computers back.’
The Independent, 12th February 2019
Source: www.independent.co.uk
‘A cache of Facebook documents has been seized by MPs investigating the Cambridge Analytica data scandal. Rarely used parliamentary powers were used to demand that the boss of a US software firm hand over the details.’
BBC News, 25th November 2018
Source: www.bbc.co.uk
‘Rape victims’ mobile phones will not be seized “as a matter of course” in criminal investigations, the new head of the Crown Prosecution Service (CPS) has said.’
The Independent, 13th November 2018
Source: www.independent.co.uk
‘The laws around search warrants should be modernised with more protections put in place to protect individuals’ rights, say the Law Commission.’
Law Commission, 5th June 2018
Source: www.lawcom.gov.uk/
‘Newcastle United has failed in its attempt to quash HMRC’s search warrant for documents involving suspected major tax fraud.’
Sports Law Bulletin from Blackstone Chambers, 11th October
Source: www.sportslawbulletin.org
‘In Campbell v Bromley Magistrates’ Court [2017] EWCA Civ 1161 the Court of Appeal has confirmed that that there are no “fruits of the forbidden tree” consequences when it comes to the forfeiture of cash seized in accordance with Chapter 3 of the Proceeds of Crime Act 2002 (“POCA”).’
UK Police Law Blog, 10th August 2017
Source: ukpolicelawblog.com
‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’
NIPC Law, 4th August 2017
Source: nipclaw.blogspot.co.uk
‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’
Home Office, 31st July 2017
Source: www.gov.uk
‘The international director of the campaign group Cage has pleaded not guilty to a terror offence after refusing to give police the passcode to his mobile phone at Heathrow airport last year.’
The Guardian, 20th June 2017
Source: www.theguardian.com
‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’
Drystone Chambers, 30th May 2017
Source: drystone.com
‘The human rights group Cage is preparing to mount a legal challenge to UK anti-terrorism legislation over a refusal to hand over mobile and laptop passwords to border control officials at air terminals, ports and international rail stations.’
The Guardian, 14th May 2017
Source: www.guardian.co.uk
‘Safeguarding Minister Sarah Newton announces the commencement of new powers in the Modern Slavery Act.’
Home Office, 8th August 2016
Source: www.gov.uk/home-office
‘The Psychoactive Substances Act will introduce a blanket ban on the production, distribution, sale and supply of legal highs.’
The Independent, 23rd May 2016
Source: www.independent.co.uk
‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’
OUT-LAW.com, 16 February 2016
Source: www.out-law.com
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