Legal guides

Responding to Fire Authority Investigations: An Introduction to Fire Safety Enforcement

26th April 2021
Fire Safety, Insights, Legal guides, News & Insights, Regulatory, Tom McNeill
Following the Grenfell Tower tragedy, fire safety has come under ever greater scrutiny. There is increased pressure on responsible persons to comply with fire safety duties and on fire authorities to take enforcement action. To aid regulatory control and enforcement, the Government has published two new bills relevant to fire safety. Against that background, below is a general introduction to fire safety enforcement.

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Cyber Sanctions: what are they, and are they here to stay?

16th September 2020
John Binns, Legal guides, News & Insights, Sanctions and Export Controls

Sanctions in the UK

Sanctions (including travel bans[1] and asset freezes) are a tool of foreign policy where the UK, as an EU member, not only implemented EU laws[2], but also played a leading role in making them.

While the policy lead for sanctions lies with the Foreign Office, the responsibility for enforcement lies with the Home Office (for travel bans) and HM Treasury, specifically the Office for Financial Sanctions Implementation (OFSI), which oversees a system of financial penalties for breaches of financial sanctions[3].

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courtroom manslaughter lawyers in london

Confiscation Revisited: What to Do When the Prosecutor Comes Back for More

23rd July 2019
Financial Crime, John Binns, Legal guides, News & Insights, Serious and General Crime
One of the lesser known, often poorly understood provisions of the confiscation regime under the Proceeds of Crime Act 2002 (POCA) is section 22, which provides an opportunity to the prosecutor to invite a ‘reconsideration of the available amount’. For many defendants who have been through the process, had an order made and in many cases satisfied that order in full, the first they have heard of that section is the letter informing them that such an application is to be made.

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The Moratorium Period: What It Does to Your Property, and What to Do When a Court is Asked to Extend It

22nd July 2019
Anti-Money Laundering, John Binns, Legal guides, Uncategorised
Few people who receive a notice of an application to extend a moratorium period under the Proceeds of Crime Act 2002 (POCA) will have the slightest idea what it means. An unfortunate effect of the evolution of the POCA regime over the years is that it appears long ago to have ceased trying to be intuitive or to have much if anything to do with common sense.

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What to Do When Faced With a Production Order or a Disclosure Notice: Proceeds of Crime Act Investigations Guide

23rd April 2019
Frozen Bank group, John Binns, Legal guides, News & Insights, Proceeds of Crime
The range of powers available to investigators under the Proceeds of Crime Act 2002 (POCA) is extensive. While there is some overlap with powers available for other investigations, the fact that a case involves one of the issues with which POCA is concerned makes a significant difference to what investigators can do.

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Post-Conviction Advice: How to Get Help with Appeals and Confiscation

18th April 2019
Corporate Crime, Financial Crime, John Binns, Judicial Review, Legal guides, News & Insights, Regulatory, Serious and General Crime
The shock of a criminal conviction, and/or a harsher than expected sentence, can make it hard to think clearly about the options for what to do next. Where a trial and mitigation has been carefully and properly prepared, the advisers who have helped throughout the case will usually be the best placed to say whether there are grounds for an appeal. In some cases the defendants and their family members will want to take a second opinion, but this is never cheap or easy, and time is always of the essence.

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UK Summary Forfeiture Guide: What to Do about Seized Cash, Detention of Listed Assets, Account Freezing Orders, and More

2nd April 2019
Bribery, Corruption and SFO Investigations, Financial Crime, Frozen Bank group, John Binns, Legal guides, News & Insights, Proceeds of Crime, Regulatory, Serious and General Crime, Serious Fraud, Unexplained Wealth
An increasing number of people are finding themselves on the receiving end of summary forfeiture proceedings in the magistrates’ court, a system that is designed to be simple and efficient from the point of view of law enforcement, but which carries significant risks for the owners of the property at stake.

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restraint orders proceeds of crime

Restraint Orders: What To Do When Your Assets Are Frozen

26th March 2019
Bribery, Corruption and SFO Investigations, FCA Investigations, Financial Crime, Frozen Bank group, John Binns, Legal guides, Money Laundering, News & Insights, Proceeds of Crime, Serious and General Crime, Serious Fraud, Tax and Revenue Investigations, Unexplained Wealth
For many people who receive or are served with a Crown Court Restraint Order, this will be the first time they have had anything to do with the criminal justice system. In some circumstances it will follow swiftly on from an arrest and/or the execution of a search warrant of their home or business premises, and may have been accompanied by the seizure of cash or property. In others it will simply come alone and without warning, complete with a penal notice to warn the recipient of dire consequences of any failure to comply.

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