News & Insights
Following from the recent BCL article discussing digital data requested in investigations, BCL partner, Paul Morris was quoted in an article from The Times on the uses of this data in trials.
After careful consideration of the concerns raised by complainants and certain MPs, the government rightly decided a change was necessary in order to strengthen this particular area of sexual offences within criminal law.
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.
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.