Corker Binning Blog

Operation Witch-Hunt?

Following a recent Freedom of Information request, it was revealed that the combined cost of Operations Weeting, Elveden and Tuleta since their launch in 2011 stands at an astounding £19.5 million. As the critics become more vociferous in their concerns about the conduct of these operations, the question begs, are police operations evolving into witch-hunts in order to justify their own cost to the public purse?

Innocent until proven guilty

The Association of Chief Police Officers (Acpo) has proposed a blanket ban on the police revealing the identities of individuals arrested as part of criminal investigations. This has sparked widespread controversy, with critics arguing that concealing the identity of an arrested individual is not in the public interest as it may prevent victims or witnesses coming forward.

Extradition: emerging pilot judgments

The European Arrest Warrant (EAW), introduced in 2003 to expedite the extradition of suspects accused or convicted of criminal offences within EU member states, has been fiercely criticised during its short life. The first main criticism is that it is used disproportionately to extradite suspects accused of trivial offences. The second is that it prevents our courts from exercising sufficient scrutiny of the criminal justice systems of our EU partners, particularly of their prison systems. These criticisms have led, at least in part, to the coalition’s recent proposal to renegotiate the EAW.

Making applications for restraint orders

The recent decision of the Supreme Court in VTB Capital v Nutritek Corp and others [2013] UKSC5, a civil fraud case, provides helpful guidance relevant to applications for restraint orders in criminal cases in the Crown Court which include a request to freeze the assets of a company. Whilst this case was concerned with jurisdiction and the law of contract in relation to foreign parties it nonetheless is germane to this important area of the criminal law.

Reflecting on Changes to Fraud Sentencing

Sentencing for the common law offence of conspiracy to defraud is back in the spotlight following the Court of Appeal’s judgment in Levene v R and R v Kallakis and Williams [2013] EWCA 709.

The European Public Prosecutor – speculation or reality?

The idea of establishing a European Public Prosecutor (“EPP”) has been the cause of much controversy and discussion for over 15 years. Some argue that the answer is an independent EPP with powers to investigate and prosecute fraud in all the member states, but is such a scheme feasible?

SFO ‘self-funding’ and government handouts: ethical and constitutional?

Whilst recognising the need to fund extra resources required for intensive and time-consuming investigations, two very different, but equally thought-provoking issues come to mind; is ‘self-funding’ through asset seizures and civil settlements entirely ethical; and is the rule of law undermined by government approval of which investigations ‘deserve’ special attention?

A Judicial review of decisions to prosecute

The recent decision of the CPS to re-prosecute the SAS soldier Danny Nightingale has led to criticism. There has also been muted suggestion that CPS decisions concerned with alleged phone-hacking and “historic” sex abuse cases are also flawed.

The National Crime Agency: a new weapon in the legal armoury, or just another change of letterhead?

Law enforcement is set for the latest shake up with the creation of the new National Crime Agency (NCA) which will be operational by the end of this year. The Crime and Courts Act 2013, which outlines the proposals for a new law enforcement agency, received royal assent on 25 April 2013.

As the UK braces itself for the introduction of DPAs: is the tide turning in the US?

The Crime and Courts Bill received Royal Assent on 25 April 2013, which means that Deferred Prosecution Agreements (‘DPAs’) will now be a part of the law of England and Wales.

DPAs have been a feature of the US legal system since 1999. Enormous settlements have been agreed under this system, enabling corporate bodies to escape prosecution for serious criminal allegations. In the US system the court is required to examine the proposed DPA to assess whether it is ‘fair, reasonable, adequate and in the public interest’; however in practice the courts have often swiftly approved the terms of DPAs leading to suggestions that the role of the judge is to ‘rubber-stamp’ the settlement.