Financial Crimes in UK Law

Leading Cases
  • R v Kefford (Mark James)
    • Court of Appeal (Criminal Division)
    • 05 March 2002

    Nothing that we say in this judgment is intended to deter courts from sending to prison for the appropriate period those who commit offences involving violence or intimidation or other grave crimes. Offences of this nature, particularly if they are committed against vulnerable members of the community undermine the public's sense of safety and the courts must play their part in protecting the public from these categories of offences.

  • Patel v Mirza
    • Supreme Court
    • 20 July 2016

    In assessing whether the public interest would be harmed in that way, it is necessary a) to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim, b) to consider any other relevant public policy on which the denial of the claim may have an impact and c) to consider whether denial of the claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts.

  • R v Nield
    • Court of Appeal (Criminal Division)
    • 29 March 2007

    The discretion which is imported by section 6(6) giving rise to the power to make a just order is very strictly limited.

  • R (Uberoi and Another) v City of Westminster Magistrates' Court
    • Queen's Bench Division (Administrative Court)
    • 02 December 2008

    In my judgment the structure and content of the 2000 Act amply demonstrate that it must have been the Parliamentary intention that the FSA would be able to institute proceedings under Part V of the 1993 Act without consent from outside. In the light of section 61(2) of the 1993 Act, and not overlooking paragraph 4 of Schedule 1 to the 1987 Act and the absence of such provision in the 2000 Act, section 402(1) is not tightly drawn.

  • Chandrakant Patel v Salman Mirza
    • Chancery Division
    • 05 July 2013

    I interject by way of brief technical excursus that a spread bet on listed shares is on analysis a contract for differences, based on movements in the quoted share price over a specified period. In the case of IG Index the client was required, as Mr Mirza told me, to deposit 15–20% of the initial share price and maintain a deposit to at least this level as the price moved. The level of the deposit meant that substantial gearing, of at least 5 times, could be achieved.

  • R v Clarke (Linda)
    • Court of Appeal (Criminal Division)
    • 20 May 1982

    If imprisonment is necessary, and if a very short sentence is not enough, and if it is not appropriate to suspend the sentence altogether, then partial suspension should be considered. Great care must be taken to ensure that the power is not used in a way which may serve to increase the length of sentence. Great care must be taken to ensure that the power is not used in a way which may serve to increase the length of sentence.

  • R v Mallett
    • Court of Appeal (Criminal Division)
    • 17 April 1978

    What the Crown has to show is that the accused person dishonestly, with a view to gain for himself or another or with intent to cause loss to another, in furnishing information for any purpose produces or makes use of any account or any record or any document which is made or required for any accounting purpose and which, to his knowledge, is or may be misleading or false in a material particular.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... ) The Secretary of State—(a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year,(b) ... the International Criminal Court Act 2001—section 51 (genocide, crimes against humanity and war crimes) section 52 (ancillary conduct) ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2 ... Financial circumstances orders ... 35: Powers to order statement as to offender's ... 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences) , other than one ... ...
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ... ... ) The Council must, as soon as practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report on the ... 2013/121) ... Genocide, crimes against humanity and war crimes ... 32: Genocide, crimes against humanity ... ...
  • Sexual Offences Act 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... (2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the ... 17) (genocide, crimes against humanity, war crimes and related offences) , other than one ... ...
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Books & Journal Articles
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Law Firm Commentaries
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