Category Archives: 10 most popular this month

The ten most popular this month

Bank account frozen

If someone finds his bank account has been frozen by the bank without warning or explanation, what should he do and what can he expect to happen?

Dishonesty in English criminal law

What is meant by “dishonesty” in English criminal law? When considering the meaning of dishonesty the criminal courts of England and Wales often refer to a case decided last century. Recently in the case of R v Hayes [2015] EWCA Crim 1944 the Court of Appeal was asked to think again about the meaning of dishonesty.

Section 330 Proceeds of Crime Act 2002

Section 330 Proceeds of Crime Act 2002 has been subject to important amendments on a number of occasions, not only has the original text been amended but six entirely new subsections have been added. This is my understanding of the current text of the section as amended.

LAA introduces ‘soft rejection’ of claims

The Legal Aid Agency has introduced a new ‘soft reject’ process for solicitors’ legal aid claims in a bid to improve its claims handling procedures. If appropriate LAA criminal applications team caseworkers will contact legal aid providers by telephone in order to obtain the information they need where the legal aid application cannot be granted without it.

Confiscation – challenging the prosecutor’s s16 statement

How should the defence challenge the prosecutor’s s16 statement assertions concerning the defendant’s benefit and available amount?

Dealing with rogue tax accountants

Do HM Revenue & Customs have the powers, the resources and the determination to deal with rogue tax accountants? I am referring to small firms of tax accountants, or one man bands, who act for small or micro businesses for modest fees but who are – in a small minority of cases – utterly incompetent, irresponsible or even dishonest.

Accountant sentenced to 7 years for cheat & fraud

After a 10 week Crown Court trial an accountant has been sentenced to 7 years’ imprisonment on 26 charges of cheating HMRC and defrauding his clients and forging their signatures. I was instructed to advise his defence team on accountancy aspects of the prosecution evidence.

Confiscation – available amount

What is meant by a defendant’s ‘available amount’ in confiscation proceedings? How is the ‘available amount’ established and what will happen if the evidence concerning the ‘available amount’ is incomplete or unsatisfactory? This article throws some light on these issues.

Confiscation – counts left to lie on the file

In confiscation proceedings counts left to lie on the file may have unwelcome implications which had not been foreseen by the defendant and his legal team at an earlier stage. What are these implications?

Confiscation and “abuse of process”

There is no doubt that confiscation in ‘criminal lifestyle’ cases can be harsh. It is often referred to as Draconian. But in what circumstances does confiscation become an abuse of process? There are two strands of appeals in which abuse of process arguments have been successful. This article discusses them.