Category Archives: Blog

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 […]

Money laundering and confiscation – Court of Appeal approves tough approach to calculating benefit

Of all the criticisms that might be levelled at the Proceeds of Crime Act 2002 (‘POCA’), lack of litigious possibility is not one of them. As POCA approaches its 17th birthday, defendants continue to find points to take, whereas the courts continue to produce rulings which ensure that POCA remains the statutory gift that keeps […]

Is AML Playing Catch-Up To Bribery?

Recently released reports on the Bribery Act 2010 and by the Office for Professional Body Anti-Money Laundering Supervision (‘OPBAS’) have given contrasting assessments of the performance of two keystones in the fight against financial crime and corruption. Overall, the House of Lords Bribery Act 2010 Committee’s post-legislative scrutiny report published last month (14 March) gives […]

Malicious communications v harassment

The escalation of social media and internet usage in recent years has profoundly restructured the way we communicate with each other on a personal level and as a society. It seems that no one is too far from reach, from our favourite celebrities to our friends and relatives on the other side of the world, […]

The new law seeking to address “upskirting”

On 12 April 2019, the Voyeurism (Offences) Act 2019 (‘the 2019 Act’) came into force criminalising the so-called practice of ‘upskirting’. The Act amends the Sexual Offences Act 2003 (‘the 2003 Act’) by the insertion of additional voyeurism offences at section 67A. The need for a new offence was campaigned for by writer Gina Martin […]