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Fraud Newsletter 4 - February 2017

CASES

Nothing of moment                                                                                                                                                                                                                 

SENTENCING AND CONFISCATION

Nothing of moment 

BILLS, STATUTES & STATUTORY INSTRUMENTS

Criminal Finances Bill: 

Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017 (SI 2017/157) comes into force on 8 March 2017. Principal changes:

  • Alters the definition of “designated person” in Art. 4(3) to include:
    • persons designated by the Treasury under Part 1 of the Act as it applies in UK;
    • persons designated by the Council of the European Union under article 2(3) of Council Regulation (EC) 2580/2001 of 27 Dec 01;
    • persons designated by the Governor of an Overseas Territory following consultation with the Sec. of State.
  • Governors to consult the Treasury or the Secretary of State before granting, varying or revoking a licence in respect of the persons to which the order extends (article 4(8)).

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Review of the Court of Appeal (Criminal Division):   Review by Thomas LJ on CA (Crim). Principal points are:

  • increased use of technology to meet work load challenges;
  • social media risks to fairness of trials. Posting of abusive and prejudicial material risk imprisonment and contempt proceedings: see in R (on the application of the BBC) v. F and D [2016] EWCA Crim 12;
  • Single CA (Crim) judge can give leave on a limited basis. R v Hyde and Others [2016] EWCA Crim 1031;
  • Grounds of Appeal are still over lengthy: see in R v James [2016] EWCA Crim 1639, (Westlaw);
  • Significant increase in A-G appeals against sentence.

Corporate Criminal Liability:  MoJ  Call for Evidence re Corporate Liability for Economic Crime.

National Audit Office (NAO) Fraud Report re DFID: NAO report on the Department for International Development’s (DFID) funding to countries which present real challenges in terms of fraud and corruption: 9 Feb 2017.

NEWS

Brexit: United Kingdom’s exit from and a new partnership with the European Union Chapter 11 page 61 sets out HMG’s intentions to cooperate in the fight against crime (and terrorism) post-Brexit.

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Volaw Trust Summary

Tony Shaw QC

Tony Shaw QC These monthly Fraud Newsletters are a very succinct summary of fraud cases and matters which have occurred in the preceding four weeks. Their aim is let you check that you have missed nothing of importance. If you need more detail it can be obtained by using the hyperlinks. The newsletters are as opinion free as possible!

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