Category Archives: Blog

UK and US sign landmark Data Access Agreement

The UK and US governments have recently signed a new bilateral agreement designed to obtain data from ESPs more quickly. Commenting on this development, Partner Andrew Smith stated: “The US-UK data access agreement is an important step in facilitating the speedy transfer of electronic data in cross-border criminal investigations. In years gone by, it could take […]

SMCR roll-out: Less than three months to go, are firms ready?

Partner Claire Cross discusses the practical tips for all firms that fall under the Senior Managers and Certification Regime. Please note that this article was originally published by Thomson Reuters Regulatory Intelligence. The second wave of the Senior Managers and Certification Regime (SMCR) will be active from December 9, 2019. With less than three months to go, […]

The Conservative Party’s long awaited amendment to the ULS

It comes as no surprise that the issue of the unduly lenient sentences scheme (the ‘ULS’) is once again subject to amendment, as reported by the Daily Telegraph on 13 August 2019 (“Victims of stalking and abuse get right to appeal ‘lenient’ jail sentences”).  The Conservative Party have consistently said that they would extend the […]

Community Resolutions: Commendable not Condemnable

Diversion from prosecution has long been an important facet of the English criminal justice system, and there now exists a range of out of court disposals from informal warnings through to conditional cautions. Police forces across England and Wales have been increasingly exercising their discretion to address offending by way of community resolution; this being […]

Prosecution, deterrence and prevention of sex offences in the digital age

Earlier this week JUSTICE’s latest Working Party report on “Prosecuting Sexual Offences” was launched supported by Corker Binning and the Dawes Trust. Members of the Working Party were drawn from a wide range of professionals working in the criminal justice system from organisations such as the National Crime Agency, the Crown Prosecution Service, along with […]

Private Prosecutions and Misconduct in Public Office

The decision to issue a summons for Boris Johnson has prompted fevered speculation about the impact it will have on his leadership bid for the Conservative Party. But lawyers from across the political spectrum should be just as interested in what the decision says about private prosecutions and the offence of misconduct in public office. […]

The dawn of the SFO supergrass?

Lisa Osofsky’s appointment as the new Director of the SFO has been heralded as a turning point.  With a “different kind of Director”[1] came the promise of new ideas, attitudes and ways of working, not least the use of “flipped defendants, who later become witnesses.”[2] This formed a staple of the Director’s previous tenure as […]

The criminal future of AML enforcement

We have also commenced a small number of investigations into firms’ systems and controls where, for the first time, we have indicated to those firms that we are looking at whether there has been any misconduct that might justify a criminal prosecution under the Money Laundering Regulations. I am conscious that starting criminal investigations against […]