news articles

COMMENT ON NEW DRUGS SENTENCING GUIDELINES

Section 125(1) of the Coroners and Justice Act 2009 provides that when sentencing offences committed after 6 April 2010 the Court must have regard to the sentencing guidelines, unless it would be unjust to do so. This gives a Judge or Magistrates some scope to sentence outside the guidelines if they feel it would be appropriate.

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.

CONTRACTUAL DISCLOSURE FACILITY: NEW OPPORTUNITY FOR TAX FRAUDSTERS?

HMRC has introduced a series of (more or less) widely known ‘amnesty’ provisions, dealing in recent times with offshore bank accounts, doctors, and plumbers, which permit those in the know to regularise their position vis a vis HMRC.

E PETITION FOR THE MINISTRY OF JUSTICE TO ABANDON PLANS FOR PRICE COMPETITION FOR CRIMINAL DEFENCE SERVICES

I set up this petition because the Ministry of Justice have indicated that they intend to introduce price competition for criminal defence services and that they will be consulting on the matter towards the end of 2011. The petition is intended to galvanise opposition to the proposals as publication of the consultation draws closer.

UNUSED MATERIAL IN CRIMINAL CASES – THE ATTORNEY GENERAL'S GUIDELINES ON DISCLOSURE OF DIGITALLY STORED MATERIAL

Over recent years the amount of Unused Material in criminal case has increased exponentially. When premises are searched in cases involving any level of complexity, it is invariably computers, hard drives and laptops that attract the attention of investigators.

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Notable cases

2011:R –v- B, Liverpool Crown Court, acquittal of defendant in multi-million pound class A drugs conspiracy.
2011:R –v- B, Northampton Crown Court, Olliers act for Company Director in multi-million MTIC fraud.
2011:R v S,York Crown Court instructed by accountant alleged to have conspired to defraud HMRC.
2011:R –v- B, York Crown Court, representation of defendant facing allegation of conspiracy to steal from department for Food and Rural Affairs.
2011: R –v- B, Manchester Crown Court, acquittal of client on murder allegation.
2010:R –v- T, Bradford Crown Court. acquittal of client in conspiracy to supply Class B.
2011:R-v-E, Manchester Crown Court. acquittal of client in multi-handed local council fraud.
2011:R –v- F, Manchester Crown Court, Company Director acquitted in multi-million pound alcohol diversion fraud.
2011 : R –v- G, Kingston Crown Court, representation of Company Director in connection with £20million MTIC fraud.
2011:R –v- P, Birmingham Crown Court, Olliers instructed by defendant alleged to have been involved in largest ever attempt to import Class A drugs into the UK.
2011:R –v- J, Manchester Crown Court, representation of financial advisor facing allegation of conspiracy to commit fraud during the course of a buy to let business.
2011:R –v- B, Mold Crown Court, Olliers act for charity co-ordinator facing allegations of misappropriation of funds received from Welsh Government Assembly.
2011: R –v- B, Southwark Crown Court, representation of Director of a potato company facing bribery allegations involving major supermarket.
2011:Olliers instructed by former Managing Director plc in connection with SFO investigation into collapse of business with bank debts of £75million.
2011: R –v- C, Southwark Crown Court, representation of former solicitor accused of conspiring to defraud Building Society of £500,00.00.
2010: R –v- S, Manchester Crown Court, Acquittal of defendant in Facebook Juror Case, multi-million pound drugs conspiracy.
2011: R –v- A, Kingston Crown Court, Olliers act for a CEO of Dubai company alleged to have been involved in multi-million pound money laundering offences
2010:R –v- G, Mold Crown Court, Company Director acquitted following 5 week Trading Standards Timeshare prosecution.