The following Corporate Crime practice note produced in partnership with Hannah Thomas of 2 Hare Court provides comprehensive and up to date legal information covering:
The pursuit of a fair trial based on equality of arms has resulted in a duty of disclosure on the Crown to the defence. In R v H, the House of Lords described disclosure in the following terms:
‘It is fundamental to the right to a fair trial under article 6(1) of the Convention that criminal proceedings should be adversarial and subject to the principle of equality of arms between prosecution and defence. Those principles require investigating authorities to disclose all material evidence for or against the defence, whether or not the prosecution relies on it.’
However, entitlement to disclosure is not absolute and disclosable material may be withheld on public interest immunity (PII) grounds. For more information, see Practice Note: Public interest immunity.
The prosecutor's duty in terms of disclosure may be drawn widely. Not only is it required to provide details of its case when a matter proceeds to trial (see Practice Note: The service of prosecution evidence), a prosecutor is also required to provide both advanced information of the evidence on which the Crown intends to rely to prove its case before the case comes to court on the first occasion. The prosecutor is also required to provide material which it does not intent to rely on (unused material) to the defence where it meets the statutory test
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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