Category Archives: Prosecutions

Prosecutions

Defence opening statements to be introduced

Defence opening statements are to be introduced in the Magistrates’ Court and Crown Court in England and Wales from 4 April 2016. One of the aims of this change is to better identify for Magistrates and jurors, at an early stage, those matters which are in dispute between prosecution and defence.

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.

UK Supreme Court rules on money laundering arrangements

The UK Supreme Court recently ruled on the law relating to prosecutions for entering into, or becoming concerned in, an arrangement which facilitates the acquisition, retention, use or control of criminal property for, or on behalf of, another person – contrary to s328 Proceeds of Crime Act 2002.

Post Office ‘Horizon’ issue in the news again

The Post Office has again been mired in controversy over the alleged failings in its ‘Horizon’ software system used in thousands of sub-postoffices around the country.

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.

7 key differences between trial & confiscation

In many respects confiscation proceedings exist in a different world from criminal trials. It is important that lawyers recognise this and adjust their approach to the work accordingly. This article points up seven key differences between Crown Court trials and confiscation proceedings.

Confiscation – the basics

This post aims to be an introduction to the basics of confiscation under the Proceeds of Crime Act 2002 in England and Wales. It includes links to more detailed articles dealing with particular elements of confiscation law.

A confiscation case study – the career fraudster

A confiscation case in which no forensic accountancy evidence was produced by the defence and the defendant received no sympathy from the judge.

Supreme Court caps confiscation enforcement

The UK Supreme Court in the case of R v Ahmad & Ahmed has capped confiscation enforcement in cases where more than one confiscation order covers the same joint benefit. The principle is simple – but the practical implications may on occasion be complex. This article considers some of these.

UK Supreme Court rules on benefit obtained jointly

The UK Supreme Court has finally and firmly ruled out apportionment in confiscation proceedings of benefit obtained jointly.