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Criminal Law


9.10.19

Discontinuance: A Prosecutor’s Get Out of Jail card?

Recent experience in London has shown that Crown Prosecutors are using discontinuance as a method of obtaining more time to prepare for trial. In practical terms, there are two ways the Prosecution can drop a charge which has run into difficulty pre-trial. Offering no evidence Firstly, the Prosecution can ‘offer no evidence’ in court. This…

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27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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19.09.19

Man who committed sexual assault whilst sleepwalking is found not guilty by reason of insanity

After a night of drinking with friends in August 2019, Dale Kelly slept in the spare room of his friend’s house.  Kelly’s friend was sleeping with his girlfriend, the victim, in the next room, when Kelly wandered in during the night and allegedly touched her intimately.  Apparently waking up confused as to why he was…

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10.09.19

Search and Seizure Powers under Proceeds of Crime Act 2002

Powers of search and seizure were inserted into the Proceeds of Crime Act 2002 by the Policing and Crime Act 2009 although they did not come into force until relatively recently. These provisions (sections 47A to 47S) provide for the search, seizure and detention of property where certain conditions are fulfilled. The provisions were recently…

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3.09.19

The importance of lawyers’ professionalism and sensitivity on social media

It is a peculiar quirk of the criminal defence industry, that there has always been a sizeable minority of lawyers who have felt the need to sing their every success from the rooftops.  Of course, there is nothing inherently wrong with highlighting a law firm’s high-profile successes.  It is good marketing and helps prospective clients…

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Bitcoin seized as ‘realisable assets’ in confiscation proceedings

A convicted computer hacker has been ordered to pay back over £900,000 of Bitcoin under a Confiscation Order. Grant West, 27, was arrested in September 2017 following a lengthy police investigation, codename ‘Operation Draba’ unearthing the activities of West on the dark web using the alias ‘Courvoisier’.  West used phishing emails to carry out cyber-attacks…

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20.08.19

Is police detection of crime actually falling?

Figures released by the Ministry of Justice in July 2019 (here) revealed that the number of people being either prosecuted or handed out-of-court disposals has fallen to its lowest level since records began, despite a well-publicised rise in crime. Home Office data revealed that the total proportion of “crimes” which resulted in a suspect being…

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6.08.19

Vacancy: Paralegal/Trainee Solicitor, White-Collar Crime, Civil Fraud and Regulatory

Full time; immediate start; competitive salary Excellent opportunity for a paralegal with prior, relevant experience to provide support to a busy litigation boutique ranked by both the Legal 500 and Chambers and Partners in Farringdon, London. The successful applicant will assist the partner who heads the firm’s white-collar crime, civil fraud and regulatory practices. They must have experience…

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22.07.19

Decline in prosecutions for all offences

There has been a marked decline in the percentage of reported crimes resulting in a charge or summons.  In 2017/2018 prosecutions were brought in 9.1% (442,717) of cases.  In the year ending March 2019, this figure was down to 7.8% (403,221).  In Home Office data issued this month there were 75,305 offences reported last year…

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18.07.19

Lexis Nexis interview: Helping suspects held in “Released Under Investigation” limbo

Brett Wilson LLP partner Nick Brett considers the impact on suspects released by the police under investigation.  Corporate Crime analysis: The London Criminal Courts Solicitors’ Association (LCCSA) revealed extreme delays to cases where people accused of crimes (including fraud, bribery and theft) are kept for long periods on Released Under Investigation (RUI), in survey findings…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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