Month: July 2012

27.07.12

Code for Crown Prosecutors to include proportionality test

The CPs has published a draft revised Code for Crown Prosecutors, which will be the seventh version implemented in its 26 year history. The draft includes a test which requires consideration to given to whether a prosecution is proportionate to the costs involved in bringing it. The Code is the prescribed basis upon which the…

16.07.12

Ofcom publish second draft code on internet piracy

The communications regulator Ofcom has published a revised code on online copyright infringement. The draft code maintains the”three strike” policy set out in the earlier 2010 version.  “IsP”s (internet service providers such as BT, Talk Talk and Virgin media) will be required to send letters to customers notifying them where their account is the subject of a suspected…

Judgment in R v John Terry published online

The Judicial Office has published the judgment of District Judge Riddle setting out the reasons for footballer John Terry’s acquittal.  The judgment was handed down at the City of Westminster Magistrates’ Court on 13 July 2012. Mr Terry had been charged with using threatening, abusive or insulting words or behaviour or disorderly behaviour within the hearing or sight of…

9.07.12

Decision whether to prosecute in phone-hacking cases imminent

The Director of Public Prosecutions Keir starmer is reported as saying that he was “reasonably confident” that the Crown Prosecution service would reach a conclusion on what action it will take by the end of July in relation to 13 cases relating to allegations of phone hacking.  The subjects of the investigation are believed to be newspaper reporters and editors.  Mr…

Court of Appeal reduces sentence for court clerk convicted under Bribery Act

Last year Munir Patel became the first individual to be convicted of an offence under the Bribery Act 2010.   Mr Patel was a court clerk at Redbridge Magistrates’ Court.  He was arrested after The sun filmed him arranging a bribe to prevent a traffic penalty for speeding being entered on the court’s database. Mr Patel pleaded…

7.07.12

Publishing giant admits receiving income derived from bribery and consents to £1.9M Civil Recovery Order

A settlement agreement worth nearly £1.9 million has been reached in the serious Fraud Office (sFO)’s High Court action against Oxford University Publishing Limited (OUP).  The claim was brought under Part 5 of the Proceeds of Crime Act 2002 (POCA). OUP admitted that between 2007 and 2010 two of its wholly-owned subsidiaries in Africa made a number of payments to government…

3.07.12

Jointly held available assets must be apportioned between defendants

In R v Gangar and White [2012] EWCA 1378 the Crown Court had made confiscation orders in which the total value of realisable assets jointly owned by both Appellants had been added to each. Thus, each order was increased by the total value of those assets rather than apportioned 50% to each. The Court of Appeal roundly…

2.07.12

Part 8 orders lawful where search for benefit was true purpose

In R (Horne, May and May) v Central Criminal Court 2012 EWHC 1350 the Claimants were challenging the issue of a disclosure order and search warrants under Part 8 POCA 2002. Raymond May had been the subject of a confiscation order in excess of £3m in August 2002. In October 2010, the Central Criminal Court made the…

Police bail condition 'disproportionate'

In R (on the application of Carson) v Ealing Magistrates Court [2012] EWHC 1456 the High Court was asked to consider whether the imposition of a police bail condition preventing a suspect from living at her home was lawful. The applicant was being investigated under suspicion of the racially aggravated harassment of her neighbours. On application, the…