Articles
COVID-19 and Prisons. Is there a way out for vulnerable prisoners?
Article by: Deepak Vij and Katherine Higgs As the ongoing panic about the spread of COVID-19 continues across the globe many people are working from home and self-isolating with friends and family. Perversely ‘isolation’ is playing out rather differently inside UK prisons. The virus is spreading at an alarming rate, with 247,806 confirmed cases in…
Read MoreThe Bribery Act: Commercial Organisations
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…
Read MoreNew Defence: Modern Slavery and Forced Labour
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…
Read MoreEnd the uncertainty caused by long police investigations
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…
Read MoreMULTI MILLION POUND CARBON CREDIT AND DIAMOND FRAUD TRIAL COLLAPSES AT SOUTHWARK CROWN COURT
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…
Read MorePowers of the Police: When to provide your mobile phone PIN or Password
Article by: Amirah Ajaz Can a Police Officer seize your mobile phone and do you have to provide your PIN or Password? When arresting a suspect, the police will routinely seize any mobile telephones in the suspect’s possession in order to gather evidence that may indicate their involvement in criminal activity. Such evidence can be…
Read MoreThe right to be offensive? CAA v The Director of Public Prosecutions [2019] EWHC 9 (Admin)
Article by: Zaki Hashmi In English law the right to free speech is governed in large part by the provisions of section 5 of the Public Order Act 1986. Under this section it is an offence to use threatening or abusive words within the hearing or sight of a person likely to be caused…
Read More‘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…
Read MoreSally Challen – From murder conviction to retrial
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…
Read MorePolice Voluntary Interviews – Protect Yourself
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…
Read MoreLegal Professional Privilege – SFO v ENRC
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…
Read MoreAnonymity for suspects?
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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