BCL Solicitors LLP

Experts

6

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Caroline Mair
Barrister / Senior Associate
BCL Solicitors LLP
Cindy Laing
Solicitor
BCL Solicitors LLP
John Binns
Partner
BCL Solicitors LLP
Oliver Schneider-Sikorsky
Employed Barrister
BCL Solicitors LLP
Richard Sallybanks
Partner
BCL Solicitors LLP
Suzanne Gallagher
Solicitor
BCL Solicitors LLP
Contributions by BCL Solicitors LLP

4

Mutual legal assistance (MLA)
Mutual legal assistance (MLA)
Practice notes

This Practice Note explains the regime for mutual legal assistance (MLA) for evidence under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), Proceeds of Crime Act 2002 (POCA 2002) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). It deals with the request for assistance from the UK to overseas authorities, issuing a letter of request, using the evidence obtained and its admissibility together with requesting assistance from overseas authorities by UK authorities. It also covers cases where the courts have considered applications for disclosure of the Letters of Request (LOR) themselves.

Mutual legal assistance—forms of assistance
Mutual legal assistance—forms of assistance
Practice notes

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.

Revenge porn—disclosing private sexual photographs and films
Revenge porn—disclosing private sexual photographs and films
Practice notes

This Practice Note explains the offence of disclosing or threatening to disclose private sexual photographs and films (images) without permission contrary to section 33 of the Criminal Justice and Courts Act 2015. Commonly referred to as ‘revenge porn’, this offence was created to address the circulation of private sexually explicit photographs and videos, typically of former partners. This Practice Note explains the elements of the offence, the meaning of key definitions, available defences and the sentencing of revenge porn offences with reference to the Sentencing Council’s offence specific guidelines on which apply to the offence of disclosing private sexual images, photographs and films without permission. It also looks at the other offences which may also apply to revenge porn.

Other Work
Challenging evidence obtained by MLA—Checklist
Challenging evidence obtained by MLA—Checklist

Evidence received pursuant to letters of request (LOR) pursuant to Mutual Legal Assistance (MLA) can be used for any purpose in criminal litigation (eg as bad character or in respect of asset forfeiture applications) so long as the foreign state agrees. MLA evidence may be relied upon without any special application and there are no special limits on the use of MLA evidence. Therefore challenges to MLA evidence will be exactly the same as for any domestic evidence. This Checklist summarises some of the considerations which apply when advising on challenging MLA evidence.

Contributions by BCL Solicitors LLP Experts

7

Challenging UK sanctions designations under SAMLA 2018
Challenging UK sanctions designations under SAMLA 2018
Practice notes

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.

Coronavirus (COVID-19) fraud—criminal offences, investigations and penalties
Coronavirus (COVID-19) fraud—criminal offences, investigations and penalties
Practice notes

This Practice Note considers what Coronavirus (COVID-19) fraud (also known as covid fraud) is, including how the pandemic has 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.

Coronavirus (COVID-19)—powers to detain potentially infectious people [Archived]
Coronavirus (COVID-19)—powers to detain potentially infectious people [Archived]
Practice notes

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.

Sanctions regime—global anti-corruption
Sanctions regime—global anti-corruption
Practice notes

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.

Sanctions regime—global human rights
Sanctions regime—global human rights
Practice notes

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 UK sanctions framework under SAMLA 2018
The UK sanctions framework under SAMLA 2018
Practice notes

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) and the Office of Financial Sanctions Implementation (OFSI), the purpose of the different types of sanctions, including Magnitsky 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.

Other Work
The regulation of sanctions—flowchart
The regulation of sanctions—flowchart

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

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