Training & Knowledge: Christopher Coltart KC

12th Jun 2024Blog

The collateral use of evidence served in criminal proceedings – is it permissible?

The position on the collateral use of unused material disclosed in criminal proceedings is clear.  By virtue of ss.17 & 18 of the Criminal Procedure and Investigations Act 1996, such material may only be deployed in the proceedings in which it was disclosed unless (a) it is required for purposes incidental to the main case […]

16th Apr 2024Blog

Prosecutions under the Companies Act 2006: Essential Points for Defence Practitioners – by Christopher Coltart KC

Lurking within the Companies Act 2006 are numerous strict liability offences, which are coupled with ‘reverse burden’ statutory defences (ie. those which require the defendant (usually a company director) to prove the defence in question). In the event of prosecution under these provisions, there are two interesting questions for defence practitioners to consider, namely (a) […]

5th Dec 2023Newsletters

Drawing the net too tight? Does the new Financial Reporting Council policy for the disclosure of unused material meet the basic requirements of fairness?

In relation to disciplinary proceedings brought against accountants and actuaries, the FRC has introduced a new policy on the disclosure of ‘unused material’ (ie material gathered during the course of an investigation upon which the FRC does not rely).  This replaces the old policy which had been in force since 2013.  The changes bring with […]

3rd Aug 2023News

The Economic Crime And Corporate Transparency Bill – Good News For Victims?

As the Economic Crime and Corporate Transparency Bill moves through Parliament, Christopher Coltart KC and Seladore Legal’s Dan Hudson have together analysed its implications for victims of economic crime. As the Economic Crime and Corporate Transparency Bill awaits final amendments prior to Royal Assent after the summer recess, thoughts now turn to the practical impact that the […]

28th Mar 2023Blog

Failing to seek permission – a salutary tale

Before applying for a summons, every private prosecutor needs a checklist to ensure compliance with the required formalities.  Chief amongst these considerations will be the securing of any necessary consent to the prosecution, for example from the Attorney General or the Director of Public Prosecutions.  It might be thought that this was an unmissable step […]