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FinCEN fines Capital One $US 390m over AML violations

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MP vows to keep pushing tougher economic crime law

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The EU-UK Trade and Cooperation Agreement—law enforcement and judicial co-operation

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Featured Corporate Crime content

Written basis of plea and Newton hearings

When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...

Allocation and sending—either-way offences not sent forthwith to the Crown Court for trial

Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Exclusion of unfair evidence in criminal proceedings

The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...

Practice notes

Entrapment

There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...

9th Nov

In-house

Practice notes

Aggravated vehicle-taking

The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...

9th Nov

Practice notes

Trials under the Scottish solemn procedure

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Football banning orders

What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...

9th Nov

Practice notes

Possession with intent to supply

Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...

Produced in partnership with Red Lion Chambers 12th Jan

Practice notes

Competence and compellability of witnesses in criminal proceedings

Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...

9th Nov

Practice notes

Failing to surrender, absconding and breach of bail conditions

Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...

9th Nov

Practice notes

Procedure during a Crown Court trial—arraignment, trial requirements and evidence

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...

Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan

Practice notes

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...

9th Nov

Practice notes

Grounds for refusing bail

The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...

9th Nov

Practice notes

Food hygiene remedial action and detention notices

What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...

9th Nov

Scottish Law

Practice notes

Voluntary bill of indictment

Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...

9th Nov

Practice notes

Cheating the public revenue

Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...

9th Nov

Practice notes

Affray

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

9th Nov

Practice notes

The statutory exceptions to the rule against hearsay in criminal proceedings

Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...

9th Nov

Most recent Money laundering content

Q&As

Has the 23 June 2017 version of the joint money laundering steering group final revised guidance has yet received ministerial approval from HM Treasury? Presumably, until this ministerial approval is received it is best to rely on the previous version?

On 17 November 2017, the joint money laundering steering group (JMLSG) issued further proposed amendments to the guidance and stated on the JMLSG...

24th Dec

Practice notes

The Money Laundering Reporting Officer (MLRO)—duties

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

23rd Dec

In-house

Q&As

Under the anti-money laundering regime, what is a transaction or matter which favours anonymity, and how should I deal with one?

What is a transaction/matter which favours anonymity?Transactions or matters which might favour anonymity include, for example:•those involving opaque...

7th Dec

Q&As

How do we carry out client due diligence under the Money Laundering Regulations 2017, SI 2017/692 on a person who is unable to provide standard verification documentation?

If you are conducting work caught by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR...

7th Dec

Q&As

Given that we cannot rely solely on the PSC registers maintained at Companies House for CDD purposes, what else, in practical terms, can we use to identify the beneficial owner of a corporate client/customer?

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended by the...

7th Dec

Q&As

Do I have to make a suspicious activity report where I have been unable to apply CDD measures?

Client due diligence (CDD) and suspicious activity reporting are central pillars of the anti-money laundering (AML)/counter-terrorist financing...

7th Dec

Q&As

Will I breach my duty of client confidentiality by submitting a suspicious activity report (SAR) to the National Crime Agency (NCA)?

Duty of confidentialityProtection of confidential information is fundamental to your relationship with clients, both as a matter of law and as a...

7th Dec

Practice notes

Getting the Deal Through: Anti-Money Laundering 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Denmark; France; Germany; Greece; Hong Kong; India; Italy;...

7th Dec

Practice notes

Search and seizure warrants under section 352 of POCA 2002

Obtaining a warrant under POCA 2002, s 352A search and seizure warrant authorises an appropriate person to enter and search the premises specified and...

6th Dec

Q&As

Are tax offences predicate offences for the purposes of money laundering offences in the UK?

This Q&A covers money laundering offences under the Proceeds of Crime Act 2002 (POCA 2002), statutory tax and duty evasion offences, and the common...

6th Dec

Q&As

Does an employer have a duty to report crimes committed by its employees?

There is no general obligation placed on individuals or organisations to report crimes in England and Wales. An employer is subject to the same...

6th Dec

Q&As

Which credit institutions and financial institutions are subject to the Fourth Money Laundering Directive (MLD4) as implemented in the UK by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLRs 2017)?

The client due diligence (CDD) provisions of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations...

28th Nov

Q&As

If a company is set up to buy and sell virtual currencies, what anti-money laundering checks and know your customer checks should it carry out on its customers?

The principal UK requirements on anti-money laundering and know your customer checks—usually referred to as customer due diligence or CDD—at present...

28th Nov

Practice notes

Financial Action Task Force (FATF)

This Practice Note introduces the Financial Action Task Force (FATF) and its work in relation to setting standards and promoting adoption and use of...

25th Nov

Practice notes

Investigative powers under the Money Laundering Regulations 2007 [Archived]

ARCHIVED: This archived Practice Note is being retained to assist those advising on investigations and prosecutions for offences under MLR 2007, SI...

25th Nov

Q&As