Criminal Law Publications

Criminal Law Committee Publications

The Criminal Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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New UK legislation paves the way for increased non-conviction-based asset seizures

Recent changes to the non-conviction based asset forfeiture regime in England and Wales will be of interest to any lawyers advising companies and individuals holding money or property in the UK. Of the two main provisions highlighted here many headlines have been generated by the introduction of Unexplained Wealth Orders which enable the authorities to freeze and recover property from PEP's or persons suspected of involvement in or association with serious criminality. Of far greater practical application and interest to practitioners however will be the new wide ranging powers allowing the police to obtain bank account freezing orders in cases where the monies held are thought to derive from criminal conduct.
Digital evidence gathering: applying international frameworks in the United Kingdom

The ubiquitous use of digital communications presents a unique legal, practical and jurisdictional challenge for the criminal justice system. The volume and complexity of digital evidence is increasing exponentially. In most investigations into serious crime, enforcement agencies want to identify and analyse electronic communications. In this fast-moving environment, different jurisdictions are taking competing approaches to how investigators can gather digital evidence for the prevention, disruption and prosecution of crime. This articles discusses the apparently divergent American and European frameworks for addressing this issue, and consider the practicalities of how they might interact in the future.
The controversial use of glass-enclosed docks in the French courts

The new Paris courthouse, which opened on 16 April 2018, is equipped with glass-enclosed docks in which the defendants are placed throughout their hearing. Large glass panes fully enclose the defendants and a narrow gap allows them to communicate with their lawyers throughout the hearing. This paper elaborates on the increased use of glass-enclosed docks in which defendants are placed for their hearing in court. It then goes on to review the violations of fair trial rights entailed by the installation of such structures and the consequent push-back from defence lawyers and judicial authorities.
The French anti-corruption agency takes on a new role with the first coordinated resolution of a foreign bribery case

The first DPA was signed in France in coordination with the DOJ in an international corruption case which relates to the bribing of a Libyan middleman for the obtention of investment contracts from a sovereign fund and to the manipulating of the LIBOR rate. It involved Société Générale, a major bank. The monitoring will be conducted by the newly created French Anti-Corruption Agency. This case exemplifies the role played by this new agency, which has been conducting since late 2017 random on-site and off-site inspections of French companies in excess of 500 employees and €1m turnover.
The Department of Justice's new 'piling on' policy

A new DOJ policy discourages 'piling on' multiple penalties against companies for the same misconduct. The policy encourages DOJ attorneys to coordinate with non-US authorities and consider the amount of fines companies pay in other jurisdictions. Companies have received such credits only if they cooperate to the DOJ's satisfaction, which will be required under the new policy.
Is the Argentine legal system fit for prosecutorial settlements?

On 1 March 2018, a new law introducing corporate criminal liability for certain bribery related offences came into force in Argentina. This law also introduced the possibility of entering into prosecutorial settlements, in exchange for sentence leniency. While these agreements could be a valuable tool for the prosecution of corrupt practices, conflicts with key features of the Argentine procedural system could discourage corporations from negotiating with authorities.
Failure to prevent the facilitation of tax evasion: the great British shakedown - December 2017

HMRC has managed to persuade the government to legislate and create a new offence for failure to prevent the facilitation of tax evasion. However, the case for the new offence is not well made and its objectives could have been achieved with more vigorous prosecution of existing offences.
Jurisdiction, territoriality and production orders for data stored abroad - December 2017

The US Supreme Court granted the US Department of Justice’s petition and will hear the Microsoft Corp v United States case in 2018, so all eyes are on the US to see how it will influence this increasingly relevant body of international law.
US prosecutors face major setback in push to normalise use of testimony compelled outside country - December 2017

A US appeals court threw out the convictions of two UK citizens charged with Libor manipulation because key evidence was derived from testimony that had been compelled in the UK. The case is likely to complicate future cross-border investigations where testimony is compelled outside the US and used indirectly in a US prosecution.
Criminal Law and Business Crime Committee Newsletter, September 2016

The Committee’s September newsletter addresses a wide array of topics and includes articles on fighting fraud in the UK, Cybercrime in Poland and ways to mitigate criminal liability for corruption offences. Committee members - click here to login and download.
UK: deferred prosecution agreements - Criminal Law/Business Crime Committees newsletter article, March 2016

On 25 April 2013 the Crime and Courts Act 2013 was enacted and nearly a year later on 24 February 2014,[1] section 43 and schedule 17 of that Act came in to force, introducing Deferred Prosecution Agreements (DPA) into UK law. Almost two years post enactment the first DPA was agreed on 4 November 2015 at Southwark Crown Court before the Rt Hon Sir Brian Leveson against Standard Bank (now known as ICBC Standard Bank plc).
Criminal Law and Business Crime Committee Newsletter, September 2015

Download the Criminal Law and Business Crime Committee Newsletter, September 2015, featuring articles on the problem of financing election campaigns in Brazil, cybercrime and persecution on the ground of sexual orientation in international criminal law… (PDF download, members will need to login using their IBA username and password)
Recent US trends in cybercrime prevention

This article will discuss a brief overview of the various types of cybercrime, with examples, and the United States Government’s response to this ever increasing threat.
Criminal Law and Business Crime Committee Newsletter, May 2015

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Criminal Law and Business Crime Committee Newsletter, September 2014

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Criminal Law and Business Crime Committee Newsletter, April 2014

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Criminal Law and Business Crime Committee Newsletter, August 2013

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Criminal Law and Business Crime Committee Newsletter, March 2013

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Criminal Law Committee Newsletter, May 2012

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Criminal Law Committee Newsletter, September 2011

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Criminal Law Committee Newsletter, April 2011

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Criminal Law Committee Newsletter, May 2010

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Criminal Law Committee Newsletter, October 2009

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Report of the Task Force on Extraterritorial Jurisdiction, February 2009

Download the Report of the Task Force on Extraterritorial Jurisdiction (PDF download, members will need to login using their IBA username and password) or purchase here