Lewis MacDonald

Barrister, 2 Hare Court

Lewis is ranked as a leading practitioner across his main practice areas in both of the main directories: In fraud and financial crime, private prosecutions, and professional discipline. He has quickly developed a reputation as a very bright junior with a calm court room manner, and is frequently instructed in document heavy cases raising complex issues of fact and law.

In the criminal sphere, Lewis acts for the prosecution and defence across the spectrum of serious criminal offences, from violence and terrorism to large scale fraud. His practice increasingly focuses on white collar, business crime, consumer offences, and asset forfeiture. Lewis is known as a go-to junior for private prosecutions, and has been instructed in a number of significant fraud cases for and against the private prosecutor.

In regulatory cases, Lewis has extensive experience appearing before a number of regulators, often in complex or high-profile cases. He most commonly acts for solicitors, accountants, sports, and medical professionals. He has acted in complex Article 2 inquests and both statutory and non-statutory Inquiries.

Lewis also applies his fraud experience in cases before the tax tribunal, most commonly in MTIC denials, penalties, and Border Force cases.

Contributed to

2

Disclosure, confidentiality and privilege issues for private prosecutors

Practice Notes

This Practice Note considers disclosure duties of a private prosecutor. It reviews the obligations on a private prosecutor under the Criminal Procedure and Investigations Act 1996 (CPIA 1996), as well as any common law duties, when these responsibilities arise, and what the responsibilities are at each stage of proceedings. It also outlines what consequences could flow from a failure to comply with these duties, the purpose and test for disclosure in the proceedings, and how the duties of disclosure on a private prosecutor diverge from those on a public prosecutor. It considers in detail the prosecutor’s duty of full and frank disclosure in relation to ex parte applications, as well as a private prosecutor’s responsibilities to pursue reasonable lines of enquiry and what this means in practice. It also covers privilege considerations and why legal professional privilege (LPP) considerations do not offer any protection to a private prosecutor in terms of their disclosure obligations, how this is different from a public prosecutor, and what practical steps private prosecutors can and should be taking to protect themselves from having to disclose privileged material. It also covers public interest immunity (PII) considerations for private prosecutors and provides tips for private prosecutors on the gathering, managing, documenting and storing of evidence and other material.

Corporate Crime

Recovery of listed assets under the Proceeds of Crime Act 2002

Practice Notes

This Practice Note explains the provisions under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), governing the recovery of personal property in summary proceedings (also known as the detention and forfeiture of listed assets). It covers related powers of search and seizure under the Police and Criminal Evidence Act 1984 (PACE 1984) and POCA 2002, including civil recovery powers; the definition of recoverable property and unlawful conduct for the purposes of these provisions; the powers and procedure applicable under the recovery of listed assets regime, including search powers and conditions for their exercise, seizure powers, and detention and forfeiture powers; together with appeals and what to do with associated or joint property. Finally there is a section on procedure, which has been introduced under the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017, SI 2017/1293.

Corporate Crime