Month: April 2015

30.04.15

NCA granted Prohibition Order

National Crime Agency v Abacha and others (2015) concerned an application by the National Crime Agency (NCA) for a prohibition order. A prohibition order prevents dealing of disposing of property which is subject to an external request (in this case $23 million by the U.S. Government). The Respondents cross- applied unsuccessfully for disclosure of the…

Fraud sentences reduced

Sentencing for fraud offences was the issue for the Court of Appeal in R v Agrigoraie and Savoae (2015). The Appellants who had been convicted, inter alia,  of conspiracy to commit fraud by false representation in connection with phishing scams totalling £15,000 and further attempts totalling £10,000 were sentenced to six and eight years respectively….

Divisional Court supports adjournment refusal

The decision in DPP v Graham Petrie [2015] EWHC 48 is a must read for criminal defence lawyers. The facts of the case concern a scenario which will familiar to all currently practising criminal law. The case was listed for a summary trial for driving with excess alcohol and the defence were running procedural defences…

23.04.15

Fitness to plead and proving actus reus

Criminal lawyers should try to take some time to read the judgment of Sir Brian Leveson P in Wells and others [2015] EWCA 2 which involved conjoined appeals against decisions in hearings pursuant to section 4A Criminal Procedure (Insanity) Act 1964 which follows a finding that the Appellant was found to be unfit to plead….

Criminal law classification thwarts appeal

In Panesar v HMRC [2014] EWCA 1613 the Court of Appeal heard an application for leave to appeal against a decision of the High Court dismissing a claim for judicial review of the decision of the Central Criminal Court to permit HMRC to retain material seized under search warrants which were subsequently quashed. The material…

22.04.15

Twitter introduces algorithim to automatically filter abusive tweets

Twitter has introduced a tool which automatically scans and blocks abusive tweets.  The algorithm looks out for a number of ‘red flags’, including whether a complaint has previously been made against the sender, whether the content is similar to content previously deemed abusive and the age of the account.  The tweets are blocked before they are received by the intended recipient, although…

20.04.15

Corporate crime analysis: the threat of Specialist Printing

Brett Wilson LLP partner Nick Brett is interviewed by Nicola Laver.  This article was first published on Lexis® PSL Corporate Crime on 16 April 2015. How will the authorities criminalise the design and adaptation of ‘relevant documents’ by specialist printing equipment? Specialist Printing Equipment and Materials (Offences) Act 2015, LNB News 27/03/2015 157 The Specialist…

14.04.15

Crime analysis: What new offences have been introduced by the Criminal Justice and Courts Act 2015?

Brett Wilson LLP partner and leading criminal defence solicitor Nick Brett is interviewed by Nicola Laver.  What are the key provisions and changes around dangerous offenders? How will these work in practice? The Criminal Justice and Courts Act 2015 (‘CJCA 2015’) increases the number of offences for which the ‘dangerous offenders’ provisions are applicable. In…

2.04.15

Criminal court fees introduced for defendants

Form 13 April 2015 convicted defendants will have to pay court fees ranging from £150 to £1,200 under section 54 Criminal Justice and Courts Act 2015 which amends section 21A(a) of the Prosecution of Offences Act 1985. In the Magistrates’ Court on a guilty plea a defendant will have to pay £150, rising to £520 for conviction on…