Financial Crimes in UK Law

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.

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.

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

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.

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.

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.

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.