Parties to Crime in UK Law
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Jennings v Crown Prosecution Service
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The rationale of the confiscation regime is that the defendant is deprived of what he has gained or its equivalent. He cannot, and should not, be deprived of what he has never obtained or its equivalent, because that is a fine. This must ordinarily mean that he has obtained property so as to own it, whether alone or jointly, which will ordinarily connote a power of disposition or control, as where a person directs a payment or conveyance of property to someone else.
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R v Anderson (William Ronald)
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Jennings v Crown Prosecution Service
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contemplates that the defendant in question should have been instrumental in getting the property out of the crime. Not necessarily the only cause: there may, plainly, be other actors playing their parts. All that is required is that the defendant's acts should have contributed, to a non-trivial (that is, not de minimis) extent, to the getting of the property. This is no more than an instance of the common law's conventional approach to questions of causation.
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R v Beck
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While we in no way wish to detract from the obligation upon a Judge to advise a jury to proceed with caution where there is material to suggest that a witness's evidence may be tainted by an improper motive, and the strength of that advice must vary according to the facts of the case, we cannot accept that there is any obligation to give the accomplice warning with all that entails, when it is common ground that there is no basis for suggesting that the witness is a participant or in any way involved in the crime the subject matter of the trial.
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Crofter Hand Woven Harris Tweed Company v Veitch
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Conspiracy, when regarded as a crime, is the agreement of two or more persons to effect any unlawful purpose, whether as their ultimate aim, or only as a means to it, and the crime is complete if there is such agreement, even though nothing is done in pursuance of it.
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Davies v DPP
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But there are other cases within this field in which there is evidence on which a reasonable jury could find that a witness was a "participant". In such a case the issue of " accomplice vel non" is for the jury's decision: and a Judge should direct them that if they consider on the evidence, that the witness was an accomplice, it is dangerous for them to act on his evidence unless corroborated: though it is competent for them to do so if, after that warning, they still think fit to do so.
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Crime and Courts Act 2013
... ... (a) it is expedient for relevant parties to make arrangements under paragraph 19, 20 or 21, and ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... (193) Parties to international Conventions ... ...
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Criminal Finances Act 2017
... ... An Act to amend the Proceeds of Crime Act 2002; make provision in connection with terrorist property; create ... an interim freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to ... ...
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... has the meaning given by section 340(11) of the Proceeds of Crime Act 2002 M16 ... or in relation to any relevant transaction where either of the parties to the transaction is established in a high-risk third country ... ...
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Recent Book: Criminal Law: Text and Materials
... ... rea toactus reus, general defences, causation, inchoate offences, parties to crime, non-fatal offences against the person, homicide, concluding with ... ...
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Recent Book: Human Rights and the Police
... ... rea toactus reus, general defences, causation, inchoate offences, parties to crime, non-fatal offences against the person, homicide, concluding with ... ...
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The Future of Joint-up Thinking
The law of secondary liability continues to trouble defendants, victims, politicians, practitioners, judges, academics and laypeople. In a recent report, the House of Commons Justice Select Committ...... ... merely because he foresaw achance that the principal might commit a crime. This article discusses the report, analyses thesubstantive law in issue ... Within the general picture, the JSC thinks that secondary parties to murder charges needparticular and urgent review.The Report is a timely ... ...
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Strengthening the role of lawyers and other professional advisers in addressing economic and financial crimes in Indonesia
Purpose: This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of suspicious financial tra...... ... advisers in terms of their obligations as reporting parties of suspicious financial transactionswith respect to money launderingand ... businesstransactions.The results could lead to bribery, graft,tax crime and corruption in Indonesia.Design/methodology/approach –This paper ... ...
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FSA Fines Willis Limited £6.895 Million for Anti-bribery and Corruption Systems and Controls Failings
The UK Financial Services Authority announced on July 21 that it had fined Willis Limited £6.895 million (approximately $11.2 million) for failings in its anti-bribery and corruption systems and co...... ... This is the biggest fine imposed by the FSA in relation to financial crime systems and controls to date. The FSA said that these failings created an unacceptable risk that payments made by Willis to overseas third parties could be used for corrupt purposes. Between January 2005 and December ... ...
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10 Key Focus Areas for UK-Regulated Financial Services Firms in 2023
This annual publication outlines some of the primary focus areas in 2023 for UK-regulated financial services firms. The topics covered in this year’s publication reflect how the fundamental con...... ... and the new Consumer Duty, diversity and inclusion, and nancial crime. Further, relatively new topics such as climate change and environmental, ... ephemeral messaging and plans for the regulation of critical third parties. Scroll through or select a topic below Focus Areas Regulatory change ... ...
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With An Economic Crime Bill Set To Become A Reality, Niall Hearty Of Financial Crime Specialists Rahman Ravelli Considers Some Of The Main Issues It Could Address
... ... UK-based companies ... There is little doubt that there has been a demand for such ... legislation. Politicians from all political parties have said they ... believe that major change is needed to prevent the UK attracting ... even more "dirty money'' from around the world. There ... ...
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With An Economic Crime Bill Set To Become A Reality, Niall Hearty Of Financial Crime Specialists Rahman Ravelli Considers Some Of The Main Issues It Could Address
... ... UK-based companies ... There is little doubt that there has been a demand for such ... legislation. Politicians from all political parties have said they ... believe that major change is needed to prevent the UK attracting ... even more "dirty money'' from around the world. There ... ...
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guidance
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... Appeals by HM Revenue and Customs, the Serious Organised Crime Agency or the Charity ... Commission ... Before you can appeal – page 6 ... Tax payers, businesses and public bodies who are parties at the First-tier Tribunal can ... appeal to the Upper Tribunal (Tax and ... ...
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Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... be done before the application is finally approved and before the parties" are notified ... \t\t\t\t Signature ………………\xE2\x80" ... Cases including section 5 of the Domestic Violence, Crime and Victims Act 2004, as amended (if a fatality has resulted); ... ... ...
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Ask a tax judge to determine a dispute (notice of appeal)
First-tier Tribunal (Tax) forms including the application to close an enquiry.... ... Welsh Revenue Authority (WRA) or the National Crime Agency (NCA) ... All references below to HMRC include the UKBF, WRA and ... • write to confirm the next steps ... • contact any other parties and ask them to respond ... If you have any questions, you can contact the ... ...
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... a domestic violence protection notice issued under section 24 of the Crime ... and Security Act 2010 against a prospective party; ... a relevant ... a child is one of the prospective parties by virtue of Rule 12.3(1) ... (i) the prospective applicant has contacted ... ...