Lawfulness of search warrant and detention irrelevant to forfeiture of cash – UK Police Law Blog

Posted August 11th, 2017 in forfeiture, money laundering, news, proceeds of crime, search & seizure, warrants by tracey

‘In Campbell v Bromley Magistrates’ Court [2017] EWCA Civ 1161 the Court of Appeal has confirmed that that there are no “fruits of the forbidden tree” consequences when it comes to the forfeiture of cash seized in accordance with Chapter 3 of the Proceeds of Crime Act 2002 (“POCA”).’

Full Story

UK Police Law Blog, 10th August 2017

Source: ukpolicelawblog.com

Pre-Action Correspondence: What to do if you get a Stroppy Letter ……. or worse – NIPC Law

‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’

Full Story

NIPC Law, 4th August 2017

Source: nipclaw.blogspot.co.uk

Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’

Full Story

Home Office, 31st July 2017

Source: www.gov.uk

Cage director pleads not guilty to terror offence over privacy issue – The Guardian

Posted June 21st, 2017 in confidentiality, human rights, news, privacy, search & seizure, terrorism, torture by sally

‘The international director of the campaign group Cage has pleaded not guilty to a terror offence after refusing to give police the passcode to his mobile phone at Heathrow airport last year.’

Full Story

The Guardian, 20th June 2017

Source: www.theguardian.com

Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers

‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’

Full Story

Drystone Chambers, 30th May 2017

Source: drystone.com

Campaign group to challenge UK over surrender of passwords at border control – The Guardian

‘The human rights group Cage is preparing to mount a legal challenge to UK anti-terrorism legislation over a refusal to hand over mobile and laptop passwords to border control officials at air terminals, ports and international rail stations.’

Full story

The Guardian, 14th May 2017

Source: www.guardian.co.uk

New powers to tackle slavery at sea – Home Office

‘Safeguarding Minister Sarah Newton announces the commencement of new powers in the Modern Slavery Act.’

Full press release

Home Office, 8th August 2016

Source: www.gov.uk/home-office

Legal high ban: When does the new legislation come into force? How will it work? Are poppers banned? – The Independent

‘The Psychoactive Substances Act will introduce a blanket ban on the production, distribution, sale and supply of legal highs.’

Full story

The Independent, 23rd May 2016

Source: www.independent.co.uk

Pursuing damages for bribery in the civil courts – OUT-LAW.com

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by tracey

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

Are counter terrorism laws interfering with freedom of the press? – Halsbury’s Law Exchange

Posted November 30th, 2015 in freedom of expression, media, news, police, privilege, search & seizure, terrorism by sally

‘A case of freedom of the press versus counter-terrorism laws? Peter Carter QC at Doughty Street Chambers, examines the police powers used to seize an investigative journalist’s laptop.’

Full story

Halsbury’s Law Exchange, 27th November 2015

Source: www.halsburyslawexchange.co.uk

NCA internal inquiry ‘will not undermine earlier cases’ – the Guardian

Posted November 30th, 2015 in national crime agency, news, search & seizure, warrants by sally

‘The National Crime Agency claims there is little prospect of completed cases being quashed despite having to launch a review into its use of warrants and production orders following the collapse of major trials.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk

National Crime Agency reviews warrants after major trials collapse – The Guardian

‘The National Crime Agency (NCA) has launched an internal inquiry into its use of warrants and production orders following the collapse of major trials, amid warnings that other cases could be in jeopardy.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk

Code of practice for police and border officials on seizing travel documents – Home Office

Posted February 13th, 2015 in codes of practice, immigration, passports, police, search & seizure by tracey

‘Code of practice for officers exercising functions under Schedule 1 of the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents.’

Full code

Home Office, 13th February 2015

Source: www.gov.uk/home-office

A worrying new anti-terror law is sneaking through Parliament – The Guardian

‘As the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.’

Full story

The Guardian, 9th January 2015

Source: www.guardian.co.uk

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

Full story

Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Regina (Panesar) v Central Criminal Court and another – WLR Daily

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners; Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners – WLR Daily

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners: Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners: [2014] UKSC 34; [2014] WLR (D) 262

‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

Full story

OUT-LAW.com, 12th June 2014

Source: www.out-law.com