Fraud Newsletter 4 – February 2017
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  EWCA Crim 12;
- Single CA (Crim) judge can give leave on a limited basis. R v Hyde and Others  EWCA Crim 1031;
- Grounds of Appeal are still over lengthy: see in R v James  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.
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.