Training & Knowledge: Business Crime & Financial Services

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 May 2024Blog

“A handbag? Sanctions in the luxury goods sector”

Gavin Irwin focuses on Russia and explores the risks of non-compliance with financial and trade sanctions in the sale of luxury goods.   The Birkin If you knew where to look, you could buy an entry-level Hermes ‘Birkin’ handbag in London this afternoon for about £10,000 GBP.  However, even pre-owned Birkins often cost two, three […]

10th May 2024Blog

CPS INSPECTORATE REPORT PUBLISHED INTO THE SFO’S HANDLING OF DISCLOSURE

On 30 April 2024 HM Crown Prosecution Service Inspectorate (“HMCPSI”) published a report on its inspection of the handling and management of disclosure in the Serious Fraud Office (“SFO”). The inspection, initially planned to take place no earlier than late 2023 or early 2024, was brought forward after the SFO offered no evidence against three […]

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) […]

11th Dec 2023Blog

Collateral use by investigating authorities

Disputes and investigations giving rise to proceedings in both the criminal and civil jurisdictions are increasingly common. The principles surrounding the disclosure and use in one domestic jurisdiction of material received in another are well-established, albeit their application may be complex and highly fact-specific. The implied undertaking by the recipient of evidence disclosed in civil […]