|
Does current UK asset forfeiture law strike the correct balance between the interests of the general public in the recovery of the proceeds of crime and the rights of the defendant? |
|
Read more
|
|
|
The Prosecutors’ Convention 2009 |
2009 sees the introduction of the Attorney Generals Prosecutors’ Convention.
In years gone by joint investigations between more than one Prosecuting Authority were rare. In the past if one Prosecuting Authority became aware of an offence that might be of interest to another Prosecuting Authority there was no structured approach as to how it should be dealt with. |
|
Read more
|
|
|
VAT Fraud on Carbon Credits |
Carbon credits are licences to emit carbon dioxide or “permits to pollute”- and are seen as a vital weapon in the battle against climate change.
They are issued to companies that emit CO2 such as power stations, electricity companies and so on. They can be traded privately, through a broker or through exchanges, the European Climate Exchange, (ECX) being the largest.
In 2008 the market was worth almost £80 billion. However, there are growing concerns that the UK has become a major target for VAT fraudsters, which has led to a swift response from the Government to ensure that the integrity of the EU Emissions Trading Scheme is not undermined by VAT fraudsters. |
|
Read more
|
|
|
Civil Recovery – Who Needs a Conviction? |
|
The Proceeds of Crime Act 2002 (POCA) increased the already wide ranging powers available to the courts in relation to the confiscation and asset forfeiture regimes provided under the Criminal Justice Act 1988 and the Drug Trafficking Act of 1994.
However, not only did POCA enhance the existing confiscation regime by extending the benefit provisions, it also introduced ‘Lifestyle Offences’ and enhanced and strengthened the ‘Cash seizure and Forfeiture” provisions available to the Magistrates Court.
Whilst there is little doubt that for those who have been convicted of offences which attract the provisions of POCA, the powers of the State have been increased to an extent whereby the defendant is now placed in a much more difficult position with regard to discharging the burden of proof and assumptions. One of the most talked of new provisions introduced by the Act in to English law is the concept of ‘Civil Recovery’.
|
|
Read more
|
|
|
Criminal Defence Service (Provisional Representation Orders) Regulations 2009 |
|
In our previous article entitled ‘Attorney General’s Guidelines on Plea Discussion in cases of Serious or Complex Fraud ’ we discussed the new provisions that came into force in May 2009. It is clear from the Attorney General’s Guidelines that a substantial amount of work will have to be undertaken by defence teams once early plea discussions have been invited by the Prosecutor. Moreover, the discussions cannot simply involve the defendant’s solicitor because such discussions will form the basis of guilty pleas tendered to the Court in due course. It is important, therefore, for counsel to be involved at this early stage. At the time of the Guidelines coming into force there was no provision for funding in respect of early plea discussions. As from the 1st August 2009, Provisional Representation Orders can be granted, thus ensuring that adequate funding is in place for solicitors and counsel involved in pre-charge negotiations. |
|
Read more
|
|
|
|
