John Binns

This Practice Note explains the rules and procedural requirements for appealing confiscation orders, appeals in respect of determinations under Proceeds of Crime Act 2002 (POCA 2002), including third party rights to appeal a finding as to the extent of the defendant’s interest in any property, appeals against findings of benefit, appeals against assessments of realisable assets or the available amount under POCA 2002, and appeals against compliance orders, property detention orders and the sale of property orders under POCA 2002, Pt 2. It explains the legislative provisions underpinning these orders and the procedural requirements contained in the Criminal Procedure Rules (CrimPR).

This Practice Note explains the legal requirements which must be met for a sanctions designation to be lawful and how to challenge designations made under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). It explains the impact of a sanctions designation, the process for making and maintaining sanctions designations and the basis upon which it is possible to challenge a UK sanctions designations. The Practice Note also explains the process for making a request to ministers to review a designation, what information to include in a request and the procedure which should be followed under the Sanctions Review Procedure (EU Exit) Regulations 2018, SI 2018/1269. It also explains the availability of judicial review as a court-based remedy to challenge sanctions under SAMLA 2018 and the approach to be taken by the courts in this regard. It also highlights areas of difference between challenging designations under the UK domestic sanctions regime and challenges to sanctions made under EU law or under UN obligations.

This Practice Note considers criminal risks arising in supply chains, including liability under the Proceeds of Crime Act 2002 (POCA 2002), failure to prevent (FTP) offences, sanctions legislation and ancillary offences such as assisting and encouraging crime. Using practical case studies, it examines how liability can arise from the conduct of indirect suppliers and indirect customers and outlines proportionate mitigation measures that businesses can adopt to manage legal, regulatory and reputational risk.Supply chain risksA supply chain is the process or system through which goods or services move from initial design and production to sale and delivery to the end-user. It can be thought of as a chain made up of connected links, including research, design, manufacturing, transportation, inventory management, warehousing and retail. Each link plays a role in getting the product or service to the customer, and the customer’s demand drives the movement along the chain. Supply chains apply to both goods and services, but they differ depending on the relevant industry, market, product or service. For further information,

This Practice Note outlines how individuals and entities are designated as sanctions targets by the United Nations (UN), UK and EU regimes. It explains what designation are, the legal effects of being designated, and the procedures for listing and de-listing—both at UN level and under the UK’s domestic framework, including under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), Counter Terrorism Act 2008 (CTA 2008) and Anti-Terrorism, Crime and Security Act 2001 (ACSA 2001). It also explains w EU-level sanctions designations including how EU Member States may propose suggestions as to who should be targeted, with each proposed listing being considered at a closed meeting of Council Member State representatives, in the EU.

This Practice Note explains the Office of Financial Sanctions Implementation’s (OFSI) power to impose monetary penalties for breaches of financial sanctions, when they can be imposed, the factors which will be considered by OFSI in determining the appropriate penalty amount and the process which will be followed when imposing the penalty. It explains the potential available discounts, including the Voluntary Disclosure and Co-operation discount, the Early Access Scheme discount and the Settlement Scheme discount, as well as explaining the availability of fixed monetary penalties for information, reporting and licensing offences. The Practice Note also sets out the review and appeals process for challenging a monetary penalty.OFSI monetary penalty powersSection 146 of the Policing and Crime Act 2017 (PCA 2017) empowers OFSI to impose civil monetary penalties for breaches of financial sanctions prohibitions and failures to comply with financial sanctions requirements.Since 15 June 2022, OFSI has the power to impose a monetary penalty where it is satisfied, on the balance of probabilities, that the person has breached a prohibition

This Practice Note covers the forms of assistance available following a request for mutual legal assistance (MLA) under the Crime (International Co-operation) Act 2003 (C(IC)A 2003) and the Home Office Mutual Legal Assistance Guidelines (MLA guidelines). It deals with other forms of assistance other than requests for evidence including service of process and procedural documents, banking information, customer information orders and account monitoring orders, evidence via videolink and telephone, freezing orders, domestic freezing orders and restraint and confiscation. It also explains the service of process and procedural documents in mutual legal assistance.

This Practice Note covers the regime for mutual legal assistance in restraint and confiscation proceedings under Part 11 of the Proceeds of Crime Act 2002 (POCA 2002) and Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, SI 2005/3181 and links to the Mutual Legal Assistance Guidelines (MLA Guidelines). It deals with requests for assistance from overseas in restraint proceedings (overseas restraint orders), requests or assistance from overseas for confiscation orders and, UK requests for overseas assistance in restraint and confiscation proceedings.

This Practice Note provides a summary of how criminal law may apply in the life sciences sector. It includes considerations on corporate crime liability, money laundering, fraud, anti-bribery, inducements and hospitality in the context of the promotion of medicinal products and medical devices as well as enforcement. It further discusses the impact on and obligations introduced to life sciences companies by the Economic Crime and Corporate Transparency Act 2023 which comes into force from September 2025.

This Practice Note explains the scope of the UK global anti-corruption sanctions regime under the Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488. It explains the activities targeted by the regime, the sanctions imposed, who is covered and the relevant guidance published by the Office of Financial Sanctions Implementation (OFSI). It also considers practical aspects of the regime for businesses.

This Practice Note explains the scope of the UK’s global human rights sanctions regime under the Global Human Rights Sanctions Regulations 2020, SI 2020/680, the first autonomous sanctions regime created under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Human rights sanctions are commonly referred to as ‘Magnitsky sanctions’. It explains the activities targeted by the regime, the sanctions imposed, who is covered and the relevant guidance published by the Office of Financial Sanctions Implementation (OFSI). It also considers practical aspects of the regime for businesses.

This Practice Note explains how financial sanctions breaches are enforced in the UK, how breaches of financial penalties may be detected and issues to consider when considering self-reporting financial sanctions breaches to the Office of Financial Sanctions Implementation (OFSI). It also explains the penalties for breach including the maximum sentence which can be imposed following conviction and the monetary penalties which can be imposed by OFSI with details of the process involved for the imposition and appeal of monetary penalties. This Practice Note also summarises who is responsible for enforcing financial sanctions in the European Union (EU) and in the US.

This Practice Note explains the UK financial sanctions and trade sanctions regime under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). It covers the role of the Foreign, Commonwealth & Development Office (FCDO), the Office of Financial Sanctions Implementation (OFSI) and the Office of Trade Sanctions Implementation (OTSI), the different types of sanctions which can be imposed under SAMLA 2018 and their purposes (namely financial sanctions, director disqualification sanctions, immigration sanctions, trade sanctions, aircraft sanctions and shipping sanctions) and explains the typical form of sanctions regulation. It also explains sanctions designations under SAMLA 2018, exceptions and licences from UK sanctions as well as the enforcement of sanctions under the UK domestic sanctions regime.

This Checklist explains the issues which should be considered when advising on and undertaking an internal investigation into whether the corporate criminal offence of failure to prevent fraud contrary to section 199 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) has occurred. The Checklist considers issues such as determining a company’s liability, the defences available and whether or not to self-report. It also covers issues around legal professional privilege and litigation privilege, how to deal with investigators and regulators and possible remedial actions and preventative procedures to implement after breach.

This Flowchart highlights the enforcement bodies which have responsibility for enforcing UN and UK sanctions in the UK.