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Corporate Crime weekly highlights—25 February 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—25 February 2021

Ex-Goldman banker can’t overturn £7.3m confiscation order

The following Corporate Crime news provides comprehensive and up to date legal information on Ex-Goldman banker can’t overturn £7.3m confiscation order

Admissibility of EncroChat evidence in criminal proceedings (R v A and others)

The following Corporate Crime news provides comprehensive and up to date legal information on Admissibility of EncroChat evidence in criminal proceedings (R v A and others)

The need to sum up the evidence in ‘short and simple’ cases (R v Ravinskiy)

The following Corporate Crime news provides comprehensive and up to date legal information on The need to sum up the evidence in ‘short and simple’ cases (R v Ravinskiy)

Featured Corporate Crime content

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court...

Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid,...

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Custody time limits

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...

9th Nov

In-house

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

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

9th Nov

Practice notes

Extreme pornography

Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...

9th Nov

Practice notes

Production orders under the Proceeds of Crime Act 2002

Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...

9th Nov

Practice notes

Crown Court bail application

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Practice notes

Corporate criminal liability

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...

9th Nov

Practice notes

Specific and basic intent

Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...

9th Nov

Practice notes

Applications for the return of property seized during criminal investigations

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...

9th Nov

Practice notes

Admissibility of hearsay evidence in criminal proceedings

How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...

9th Nov

Practice notes

Cash seizure and detention

Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...

9th Nov

Practice notes

Stages of a summary trial

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

In-house

Practice notes

Disclosure orders under the Proceeds of Crime Act 2002

What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...

9th Nov

In-house

Practice notes

Conducting an appeal in the Court of Appeal Criminal Division (CACD)

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

9th Nov

Practice notes

Obtaining third-party disclosure in criminal proceedings

Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...

Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan

In-house

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 Q&As content

Q&As

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the...

13th Feb

Q&As

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?

Handling stolen goodsThis Q&A covers the offence of handling stolen goods and the offence under section 22 of the Theft Act 1968. It also considers...

13th Feb

Q&As

Do the money laundering offences under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) apply to only UK nationals and companies or are foreign nationals and businesses also caught by these provisions? Do the money laundering offences under POCA 2002 have extra-territorial effect?

Territorial jurisdictionThe jurisdiction of the criminal law is a matter which is often found to present difficult questions for the courts in...

Produced in partnership with Philip Rule 13th Feb

Q&As

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings? What practical steps should instructing solicitors take to ensure they comply with GDPR?

There will be situations where a third party expert may need to be instructed by lawyers acting on behalf of a client. This could be an expert in the...

Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 13th Feb

Q&As

Can a defendant be given 'indefinite' bail or must there be a date attached to the bail?

Pre-charge bailBail from a police station, whether it be following arrest or detention, pending further enquiries or pending charge, encompasses a...

13th Feb

Q&As

How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?

For the purposes of this Q&A we have assumed the appeal is against an abatement notice for statutory nuisance issued in the magistrates' court.We...

13th Feb

Q&As

How are drugs found in the possession of a defendant valued for the purposes of confiscation?

A confiscation order deprives a defendant of the benefit he/she gained from their criminal conduct. A confiscation order does not itself confiscate...

13th Feb

Q&As

What powers of entry and for what purposes does the Environment Agency have?

The Environment Agency’s powers of entry and investigation are conferred by section 108 of the Environment Act 1995 and should...

13th Feb

Q&As

What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?

This Q&A relates solely to fixed penalty notices (FPNs) issued in respect of breaches of abatement notices issued pursuant to section 80 of the...

Produced in partnership with James Hodivala of Matrix Chambers 13th Feb

Q&As

What impact does the bringing of an appeal against conviction have on a fine imposed by way of sentence? Does the offender have to pay the fine imposed within the ordered time limit even though an appeal against conviction has been commenced?

The bringing of an appeal does not automatically operate to suspend the effect of any requirement to pay a fine. The fact that an appeal is pending...

Produced in partnership with Jamas Hodivala of Matrix Chambers 13th Feb

Q&As

How can a defendant challenge the magistrates’ court decision to issue a summons which had been applied for by a private prosecutor?

When faced with a summons issued by the magistrates’ court following an application by a private prosecutor, various options are available to the...

13th Feb

Q&As

Do you have any Practice Notes or Precedents which deal with the sale of perishable goods, such as food?

AdvertisingIn relation to the sale of perishable goods to the end consumer, see Practice Notes:•Food advertising: this Practice Note considers the law...

13th Feb

Q&As

Where a defendant has been provided with disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996, how is it possible to use this evidence in civil claims?

Section 18 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) makes it an offence to knowingly use or disclose an object or information...

13th Feb

Q&As

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was paid to the hacker (Party C). Who is at fault and can Party B recover the funds from Party A?

You may wish to consult the following Q&As which consider similar scenarios:•Where a supplier (B) has emailed an invoice to A for goods supplied by B...

13th Feb

Q&As

To what extent, and in what circumstances, might EU and UK export controls apply to use of software as a service (SaaS). Could use of a SaaS service by an end user in a territory outside the EU infringe such laws?

The key UK and EU export control legislation consists of:•the Export Control Act 2002 (ECA 2002): pursuant to ECA 2002 the government may pass Orders...

Produced in partnership with Craig Armstrong of Shoosmiths 13th Feb

Q&As

Is the Privacy Shield applicable to special categories of personal data? Can a UK organisation send special category personal data to a US organisation if that US organisation is Privacy Shield registered to process those particular categories?

The Privacy ShieldAs explained in Practice Notes: The Privacy Shield [Archived] and International transfers of personal data under the GDPR, Chapter V...

13th Feb

Q&As

Under each of the Data Protection Act 1998 and the General Data Protection Regulation (as it applies in the UK), can a data controller be fined for breaches of the controller’s obligations under that data protection law where that breach of law occurs due to the acts or omissions of a data processor?

Data Protection Act 1998It is the data controller's responsibility to comply with the Data Protection Act 1998 (DPA 1998) rather than the data...

13th Feb

Q&As

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?

ICO’s approach in light of coronavirus (COVID-19)On 15 April 2020, the UK’s supervisory body for data protection, the Information Commissioner’s...

Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP 13th Feb

COVID-19

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

Data protection implicationsThe company, as controller of the customer’s personal data, must comply with its obligations under the Data Protection Act...

13th Feb

Q&As

A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what period of days should be allowed for the owner/occupier to take the steps stipulated in the notice. What are the rules governing the period of time that the notice should provide? Should it it just be 'reasonable'?

Section 83 of the Public Health Act 1936 (PHA 1936) provides that where a local authority (upon consideration of a report from any of its officers or...

12th Feb