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Brett Wilson Criminal and Regulatory Law blog

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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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12.09.19

A Guide to Disciplinary and Regulatory Proceedings

This guide is intended to assist professional persons by providing an overview of how disciplinary proceedings usually work. It is designed to provide simple outline but all professional regulators operate under their own regulatory code and their powers are derived from statute unique to the particular profession. For example, the Solicitors Regulation Authority derives its…

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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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9.09.19

Claudia Scherman joins Brett Wilson’s team of civil litigation solicitors

On 3 September 2019 Claudia Scherman joined Brett Wilson LLP’s team of civil litigation solicitors. Claudia joins Brett Wilson from Cubism Law where she gained extensive litigation experience working with commercial clients and HNWI. Claudia has substantial experience with commercial disputes, tax investigations and high-value and complex civil claims. Claudia also has experience of conducting…

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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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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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28.06.19

Lexis Nexis interview: Law surrounding non-consensual intimate images to be reviewed

Brett Wilson LLP partner Iain Wilson and other lawyers are interviewed about the Law Commission’s upcoming review.   The Ministry of Justice has asked the Law Commission to review laws around the making and sharing of non-consensual intimate images in an effort to ensure that ‘protections keep pace with emerging technology’. The review intends to…

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

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