All posts in the New legislation category

New review of sanctions for disclosure failures in criminal cases announced

On 26 April 2012, the Lord Chief Justice announced that Lord Justice Gross and Mr Justice Treacy will be heading a review of sanctions for disclosure failures in criminal cases, and considering whether there are options for strengthening them. This follows on the heels of a September 2011 review into criminal disclosure in general and is a welcome next step.

On camera – televising criminal proceedings

Television cameras were today allowed to record the sentencing of David Gilroy in the High Court in Edinburgh. This is the first time that sentencing in a UK court has been filmed for broadcast the same day – normally proceedings in Scotland are only occasionally filmed for documentaries to be broadcast weeks or months later and are heavily edited by lawyers involved in the case. Filming in most English courts has been banned since 1925.

US-UK extradition treaty – will Home Affairs Committee report silence public disquiet?

Earlier today the House of Commons Home Affairs Committee published a report on the US-UK extradition treaty. A further report on the operation of the European Arrest Warrant (EAW) is expected later this year.

Both reports emerge from curious circumstances, coming so soon after the publication of the independent Sir Scott Baker review in September 2011. That review was the most exhaustive analysis of this country’s extradition laws ever undertaken, devoting no less than 51 pages to the US-UK extradition treaty (the report of the Home Affairs Committee stretches to only 10 pages). Many of those who made representations to Sir Scott’s panel gave similar evidence to the MPs comprising the Home Affairs Committee. So why another report?

Clamping down on scrap metal thieves

Following a dramatic rise in prices and a spate of incidents which have seen rail networks disrupted, church roofs pillaged and towns plunged into darkness, the scrap metal theft “epidemic” has been thrust into the spotlight. The issue has even made it into an episode of Eastenders – a sure sign of topicality! But why scrap metal? Simply put, scrap metal is hard to identify and can be sold for cash (at ever-increasing prices), making it an attractive category of stolen merchandise. It may seem like a niche offence but metal theft is estimated to cost the country £1 billion annually, with more than 1,000 offences taking place every week.

Blagging and the DPA – is it time to make offences imprisonable?

Despite it being almost 10 years since the start of Operation Motorman, and the subsequent furore which lead to the closure of the News of the World, it is still not possible for a person found guilty of illegally obtaining and disclosing personal information to be imprisoned for that offence. However, strong words from the Information Commissioner’s Office this week suggest that this may be ripe for change.

FSA restructuring – what implications for financial crime prosecutions?

On 15 February 2012, the Financial Services Authority (FSA) announced that the managing director of its conduct business unit, Margaret Cole, will leave the financial regulator at the end of March. Her exit follows a number of departures of senior staff from the FSA as the coalition government continues to implement its policy to restructure the way in which the financial industry in the UK is regulated. So what is the shape of things to come?

Advertising and trading in the Olympic Event Zones – tough regulations now in force

The Olympic Games and Paralympics Games (Advertising and Trading) (England) Regulations for the London 2012 Olympics are now in force. These regulations control advertising and trading in and around “event zones” during certain periods whilst the events take place. The regulations are aimed at preventing “ambush marketing” in order to protect the Olympic sponsors who have invested over £700 million in sponsorship thus far. Ambush marketing is essentially where a company or an individual associates their product or service with a particular sporting event – in this case the Olympics – without paying for the rights to do so.

Why cheating in sport is still a problem and what it means for the Olympics

Notwithstanding the shock felt by many cricket fans over the recent Pakistani spot-fixing case, cheating and corruption has long been a problem in sport. Ever since Hanse Cronje admitted taking money from betting syndicates in India and around the world more than a decade ago, the integrity of the modern game of professional cricket has been tarnished.

Santa – is it a fair cop?

It’s June at the North Pole.  A grey haired, bearded man sits in his board room, head in hands.  On the table lies a crumpled piece of paper on which the words “Secretary of State, Extradition Request” and “UK ” are just visible.  Around him hover his advisers, a selection of elves dressed in green suits, [...]

The Bribery Act 2010 – is the SFO turning from prosecutor to regulator?

The emerging views on where the Bribery Act is leading us were discussed this week at a seminar held by 5 St Andrew’s Hill. James Vine took attendees through the main sections of the Act and considerations such as facilitation payments and referral fees. Then Dominic Connolly considered potential penalties, ancillary orders, confiscation and civil recovery. Corporate hospitality has to date been the big concern – it sends companies flocking to compliance courses as they’re whipped up into a frenzy by the media. It is not, however, that relevant to most of the Act. In fact, James Vine commented that the Act ‘might have more teeth than some journalists and lawyers have suggested…’