Law and the Justice System

Rushed reforms add to the crisis in our courts rather than improving the justice system, we have warned in response to a new report.

The House of Commons’ Public Accounts Committee (PAC) has today published a report on HM Courts & Tribunals Service’s (HMCTS) court reform programme.

https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/rushed-reforms-only-add-to-court-crisis

Under current UK law, in order to find a company liable for offences requiring proof of a mental element (e.g., intention, knowledge or suspicion) it is necessary to prove that a "directing mind and will" of the organisation was involved in the misconduct. While this “identification principle” has been interpreted in different ways, it is generally held to require that a senior officer or director (the “directing mind and will" of the company) knew about or was involved in the offence. The principle has been repeatedly criticised as being unrepresentative of how corporate entities are structured and operate nowadays. Prosecutors and law enforcers argue that it hinders the effective enforcement of criminal law against large companies in particular, as it is often difficult to show that those at the top of the business had any knowledge or involvement in the wrongdoing at all.

https://www.linklaters.com/en/insights/blogs/businesscrimelinks/2023/july/the-proposed-reform-of-the-identification-principle-from-the-bill-that-keeps-on-giving

The late tabling of Government-draft amendments to the Economic Crime and Corporate Transparency Bill (The Bill) focusing on holding businesses to account for economic crime offences last week took many in the corporate world by surprise.

https://www.addleshawgoddard.com/en/insights/insights-briefings/2023/global-investigations/business-taken-by-surprise/

On June 15, 2023, the UK Government announced proposals to introduce the biggest reform of corporate crime legislation in more than 50 years, with the result that, if enacted into law, companies who commit fraud, money laundering and bribery will be subject to greater scrutiny and be at greater risk of being successfully prosecuted.

https://www.steptoeinvestigationsblog.com/2023/06/the-uk-government-proposes-reform-to-the-identification-doctrineto-combat-economic-crime/

His Majesty The King has been pleased to approve the appointment of Dame Sue Carr as the Lord Chief Justice of England and Wales from 1 October 2023. This appointment follows the retirement of The Rt Hon. the Lord Burnett of Maldon on 30 September 2023.

https://www.judiciary.uk/dame-sue-carr-has-been-appointed-the-lord-chief-justice-of-england-and-wales-from-1-october-2023/

The @SentencingCCL has revised the Totality guideline setting out principles for courts to follow wef 1 July when sentencing an offender for more than one offence, or where the offender is already serving a sentence.

Judges will be given greater powers to dismiss lawsuits designed purely to evade scrutiny and stifle freedom of speech through government amendments to the Economic Crime and Corporate Transparency Bill.

https://www.gov.uk/government/news/crackdown-on-criminals-silencing-critics-to-be-added-to-economic-crime-bill

Figures show marked falls in conviction rates for fraud cases referred by HMRC and DWP.

More than 2,000 people have been prosecuted on suspicion of defrauding different parts of government over the past four years, but numbers are dropping at government's two biggest departments, according to the Cabinet Office.

https://www.civilserviceworld.com/professions/article/dwp-hmrc-government-fraud-prosecutions-covid-strikes-blame-chisholm

Delays to fraud cases in England and Wales have doubled in eight years, prompting fresh criticism that not enough is being done to deliver justice.

The rise in delays came despite the number of fraud cases coming through the courts dropping to barely a third of 2014 levels, according to the analysis by the Criminal Bar Association (CBA).

A CONVICTED fraudster and money launderer has been ordered to pay back nearly half a million pounds in money gained through crime or else face five years in prison.

Arthur Wilder must pay back the money within three months or face going back to jail after a court ruling made this week.