BCL Solicitors LLP

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John Binns
Partner
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.

Mutual legal assistance—restraint and confiscation
Mutual legal assistance—restraint and confiscation
Practice notes

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.

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

6

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

This Practice Note explains the key powers in the Coronavirus Act (CA 2020) to detain ‘potentially infectious’ people during the Coronavirus (COVID-19) pandemic, aimed at controlling its spread. It includes the powers of direction and removal and the requirements and restrictions in relation to screening and assessment. The Practice Note also explains when the powers may be used, by whom they are exercisable and provides details of related offences and enforcement powers.

Global human rights sanctions under SAMLA 2018
Global human rights sanctions under SAMLA 2018
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’. This Practice Note considers the power to impose human rights sanctions, the relevant guidance published by the Office of Financial Sanctions Implementations (OFSI), the designations under the human rights sanctions regulations and explains the prohibitions which can be imposed. It also explains the offences created by and the reporting requirements imposed under this sanctions regime.

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 Implementations (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. The gross violations of human rights sanctions regime under SAMLA 2018 (Magnitsky sanctions) came into force in July 2020 and the bulk of the UK sanctions made under SAMLA 2018 which replace EU sanctions regimes came into force fully at the end of the implementation period (IP completion day). 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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