Criminal Law

24.07.13

High Court hears internet contempt trials

The Attorney-General has appeared in person before the High Court to ask that two men be committed to jail for “acts likely to interfere with the administration of justice”.  In both instances the acts arise  from the use of the internet whilst jurors in criminal trial.  In an indication of how seriously the courts are treating the issue of internet use…

23.07.13

Alison saunders appointed as new Director of Public Prosecutions

The Attorney-General has announced that London’s Chief Crown Prosecutor Alison saunders will take over from Keir starmer QC as the Director of Public Prosecutions (DPP) on 1 November 2013.  Ms saunders, a barrister, is the first DPP to be recruited from within the Crown Prosecution service (CPs).  she has worked at the CPs since its inception in 1986.

FOI request suggests Bribery Act underused by sFO

A Freedom of Information request has identified that the serious Fraud Office (sFO) is currently investigating just two cases relating to the Bribery Act 2010.  Three other matters are said to be ‘in development’.  The sFO is yet to bring a prosecution under the Act. The Bribery Act, which came into force on 1 July 2011, has…

22.07.13

six journalists in court over alleged payments to public officials

six journalists, two public officials and one of their former partners appeared at Westminster Magistrates’ Court on 18 July 2013 to face allegations that they made or received corrupt payments. The prosecution is understood to be the first arising from Operation Elveden which involves a journalist from a non-News International publication. The Daily star sunday’s deputy…

17.07.13

Law society urges caution over government proposals to jail bankers for reckless misconduct

The Law society has issued a statement in response to the government’s plans to introduce a new criminal offence of ‘reckless misconduct’ in the banking industry.  Law society Chief Executive Desmond Hudson said, ˜Introducing recklessness as the basis for an offence means that prosecutors will have to decide, possibly years after a business decision was…

sir John Thomas to be appointed as Lord Chief Justice

Downing street has announced that sir John Thomas will succeed Lord Judge as the Lord Chief Justice of England and Wales with effect from 1 October 3013.  A Lord Justice of Appeal from 2003 to 2011, sir John became President of the Queen’s Bench Division in 2011.  As Lord Chief Justice, sir John will be the…

1.07.13

Consultation launched for new fraud sentencing guidelines that seek to put victims first

The sentencing Council has launched a consultation for new sentencing guidelines covering a wide range of financial/fraud crimes including money laundering, bribery and conspiracy to defraud. The consultation will canvass public opinion on factors that could potentially aggravate or mitigate the offences in question.  It is proposed that the guidelines should alter the focal point to prioritise the impact on victims.  sentencing Council…

18.06.13

Supreme Court guidance on venue and stay applications

In VTB Capital PLC v Nutritek Corp [2013] UKsC 5 the supreme Court was asked to consider the refusal by the Court of Appeal to overturn a decision of Arnold J in the High Court that the proper venue for the trial of the claims brought by the Claimant bank was Russia and not the…

30.05.13

Proposal to restrict police bail

A freedom of information request made by the Law society has revealed that there are more than 57,000 people currently on police bail awaiting a decision as to what action, if any, will be taken against them. significantly, this data was only taken from 34 of the 44 police forces.  The Law society has proposed…

21.05.13

Report shows jurors want greater guidance

A report conducted by the University College London law faculty has identified that 82% of jurors would like more information on conducting deliberations, especially where they require clarification on a legal issue. In preparing the report questions were asked of 239 jurors immediately after they had returned verdicts. There was a misunderstanding amongst nearly a…