Articles

The Bribery Act: Commercial Organisations

City of London

Article by: Deepak Vij and Taimoor Tarafdar. On 1st July 2011 the Bribery Act 2010 came into force. Under section 7 of the Act a company is liable to prosecution if any associated person engages in bribery, unless the company can show that it had in place adequate procedures to prevent such conduct. But what…

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New Defence: Modern Slavery and Forced Labour

Royal Courts of Justice

Section 45 of the Modern Slavery Act 2015 – a new defence for victims of modern slavery and forced labour Article by: Zaki Hashmi. The preamble to the Modern Slavery Act 2015 declares it to be “an Act to make provision about slavery, servitude and forced or compulsory labour, including provision for the protection of…

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End the uncertainty caused by long police investigations

Advice at the Police Station

Article by: Claire Anderson. Leaving suspects in the dark for years can destroy lives – our justice system must unite for change. Waiting for results is stressful, whether it be for medical tests or exams, indeed anything that will have an impact on one’s life and future. Imagine a serious sexual allegation is made against…

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MULTI MILLION POUND CARBON CREDIT AND DIAMOND FRAUD TRIAL COLLAPSES AT SOUTHWARK CROWN COURT

Boiler Room Fraud

Article by: Fergus Harrington. In this article Fergus Harrington, Solicitor at ABV Solicitors, reflects on the events that took place this week at Southwark Crown Court: We represented one of eight individuals charged with conspiracy to defraud through the fraudulent selling of carbon credits and diamonds as alternative investments. They were charged following a five-year…

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‘Upskirting’ to be made a criminal offence

Article by: Shaheen Rahman   An issue which has received substantial press coverage in recent weeks is one of ‘upskirting’. Under English law there are no specific offences of upskirting (despite it being an offence in Scotland) and such cases have been prosecuted in the past as offences of outraging public decency. This issue was…

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Sally Challen – From murder conviction to retrial

Royal Courts of Justice

Article by: Zaki Hashmi   On 28 February the Court of Appeal quashed the murder conviction of Sally Challen in a judgment which has received widespread media coverage.   Ms Challen killed her husband in a hammer attack in 2010 and was convicted at Guildford Crown Court the following year. At her trial she advanced…

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Police Voluntary Interviews – Protect Yourself

Police - Scotland Yard

Article by: Claire Anderson   As the result of a change in the regulations relating to police bail in April 2017, the Police are now choosing to invite a large number of suspects in an investigation to attend what is called a ‘voluntary interview’ or what the police call a ‘caution plus 3’ interview. This…

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Legal Professional Privilege – SFO v ENRC

Court

Article by: Zaki Hashmi   Introduction The Court of Appeal’s recent judgment in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 has been welcomed by the legal profession and is of benefit to all organisations potentially facing criminal investigation. This article sets out to explain how this…

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Anonymity for suspects?

Anonymous person silhouette

Article by: Zaki Hashmi   Following the “drone” incident at Gatwick airport over Christmas 2018, when the arrest of two suspects led to widespread media coverage, there have been renewed calls for an anonymity law preventing the identification of suspects who have been arrested but not charged with a criminal offence. Paul Gait and Elaine…

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Fighting Injustice at the Police Station and in Court

Law courts London United Kingdom

Article by: Akhtar Ahmad   With over 5 million crimes reported, Government figures from last year confirmed that in the year ending March 2017, 780,000 arrests were made by the Police in England and Wales which is half the figure it was 10 years ago. Whilst arrests by the Police are dropping significantly, “Voluntary Interviews”…

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