The following Corporate Crime practice note Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors provides comprehensive and up to date legal information covering:
An accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are delivered by a range of staff including psychologists, probation staff and prison officers. The aim of an OBP is to change the way people think or behave in order to change the type of behaviour that caused them to offend. Although attendance on these programmes is not compulsory, prison report writers and the Parole Board place great reliance on the completion of OBPs as the key tool for assessing whether there has been a reduction in risk and this has an impact on progress through the prison sentence and obtaining release on parole licence.
There has been considerable debate about the effectiveness of these courses. In 2017, publication of the Ministry of Justice’s research into the Sex Offenders’ Treatment Programme (that had been running since 1998), indicated that it had little or no effect on reconviction rates. This led to a substantial overhaul of the programmes that are available and how they are delivered.
There are a range of legitimate views on risk assessment and risk reduction and, the Secretary of State and the Parole Board are entitled to prefer the views of one expert over another, providing those views are rational.
In R (Bealey) v Secretary of State for the
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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