BCL Solicitors LLP

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. 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This Practice Note has been archived and is not maintained. This Practice Note explained what Coronavirus (COVID-19) fraud (also known as covid fraud) was, including how the pandemic created or increased the scope for fraud offences to be committed. It covers the exploitation of schemes such as the bounce-back loan scheme, Coronavirus Business Interruption Loan Scheme and Coronavirus Large Business Interruption Loan Scheme as well as the Coronavirus job retention scheme (furlough or CJRS scheme, Self-Employment Income Support Scheme and general fraud by misrepresentation). It explains how these offences have been perpetrated, what makes them fraudulent and how the activity is detected, investigated, and prosecuted as well as practical tips for corporates and those advising them, where coronavirus fraud is detected or suspected.

ARCHIVED: This Practice Note has been archived and is not being maintained. It explained the key powers in the Coronavirus Act to detain ‘potentially infectious’ people during the Coronavirus (COVID-19) pandemic before those powers expired as of 10 December 2021.

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 as well as enforcement.

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.

The first part of this Practice Note sets out different types of criminal offences which may be committed in relation to content posted on social media platforms. This includes trolling, cyberbullying, virtual mobbing, cyberstalking, flaming and setting up fake social media accounts. It also covers communications offences, CPS Guidelines, substantive offences which may involve the use of social media, and some offences under the Online Safety Act 2023. The second part of the Practice Note focuses on civil causes of action which may arise—including defamation, misuse of private information, civil harassment, data protection, infringement of intellectual property rights, consumer protection and advertising regulations, disinformation, practical ways to bring an action, and the ‘right to be forgotten’ and to ‘erasure’.

This Practice Note explains the UK financial sanctions and trade sanctions regime under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). The SAMLA 2018 regime was implemented to ensure the UK has a robust sanctions regime after the UK leaves the EU (Brexit) and enables the UK to impose financial sanctions, immigration sanctions, trade sanctions, aircraft sanctions, shipping sanctions and other sanctions needed to comply with UN sanctions obligations. This Practice Note explains the impact Brexit had on the pre-existing sanctions regime, 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 purpose of the different types of 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 is designed to aid lawyers representing clients who are attending compulsory interviews under Criminal Justice Act 1987, s 2 (s 2 interviews). It covers the key reading materials lawyers should be aware of, together with details of what steps to take pre-interview, on the day, during and after the s 2 interview.

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