Rahman Ravelli Solicitors
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RESTRAINT & RECEIVERS
Your Money or Theirs?
In this article we give a brief overview on the law relating to Restraint Orders - that is an order made by the Crown Court which effectively freezes the assets of someone who is either being prosecuted or investigated for alleged criminal offences. The orders themselves can be very restrictive and we consider here how such orders are made and what steps should be taken if you find yourself on the wrong end of a Restraint Order.
TELEPHONE EVIDENCE
Tactics & Strategy
Why is 'phone evidence' so prolific in prosecutions these days? It is a simple recognition that the explosion in the last 10 years of the use of mobile phones has given the police a very useful investigatory and evidential tool. The mobile phone is a personal tracking device and the ‘phone number might reveal a record of communications with other suspects.
FOREIGN INTERCEPTS
Challenging Admissibility
It is well known that material gathered from intercepted phone calls cannot be evidence in a criminal trial in this country. It is s17 of the Regulation of Investigatory Powers Act 2000 (RIPA) that provides that prohibition. In fact s17 provides that it is unlawful even to ask questions in Court about the existence of intercept material – there are certain limited exceptions under s18. The reason is to avoid the general public learning of the authorities’ abilities and, more to the point, what the authorities cannot do. This prohibition must surely end one of these days – many prosecutors feel frustrated that they cannot use such material; equally many defendants feel that the Crown have in their possession material that may assist their defence.
MORTGAGE FRAUD
It's only when the tide goes out that you learn who's been swimming naked. (Warren Buffet)
It was shortly after the credit crunch hit us that we noticed a sharp increase in mortgage fraud prosecutions. That was simply because those schemes had been banking on the ever increasing property market. When the mortgage market collapsed and property values dropped banks were exposed and found a great deal of the money it had loaned over the boom years were not as firmly secured as they had been led to believe – this was especially true in the buy-to-let market.
MURDER BY MORE THAN ONE
Conspiracy to Murder and Joint Enterprise
This is an especially difficult area of law. We cannot hope to cover each and every permutation that arises in the vast array of possibilities in this area
ABUSE OF PROCESS
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
There are many reasons why a Judge might conclude that it would not be proper for the courts to be used to prosecute a defendant.
INSIDER TRADING
Information is Everything
“Someone reminded me I once said, 'Greed is good'. Now it seems it's legal.” Gordon Gekko (Michael Douglas) in 'Wall Street: Money Never Sleeps'.
PROSECUTING SERIOUS FRAUD
A glance at the future
Around this time three years ago we were all getting to used to the dreaded phrase 'credit crunch' and its unpleasant consequences - around that time the American investor Bernie Madoff, must have been a worried man....
TELEPHONE EVIDENCE
Tactics and Strategy
Why is 'phone evidence' so prolific in prosecutions these days? It is a simple recognition that the explosion in the last 10 years of the use of mobile phones has given the police a very useful investigatory and evidential tool....
REGULATION OF INVESTIGATORY POWERS ACT 2000
Challenging Surveillance Evidence
Last year it was reported in the press that the tax inspectors of H.M. Revenue and Customs are to be given new powers allowing them to listen into tax-payers phone calls and plant bugs in their homes and offices....
TRAFFICKING
Strategy & Tactics in Defending in Trafficking Cases
Whether the 'commodity' is drugs, contraband, guns or people, trafficking offences share some similar characteristics. Police operations in such cases are invariably intelligence led with the usual concerns for defenders that association alone, e.g. telephone links and so on can make an innocent associate look guilty...
CIVIL RECOVERY ORDERS
The latest way to lose everything
Many readers of this article will know all too well about the provisions of the Proceeds of Crime Act 2002 (POCA) - facing uphill struggles in confiscation proceedings. However, what many may not realise is there is an even more draconian tool available to prosecutor's within POCA...
FRAUD: TAX EVASION & MONEY LAUNDERING
The new favourites
In this short article we consider the law on tax evasion and money laundering - two separate types of offences which are often to be found on the same indictment...
FRAUD ACT 2006
Three Years On
The Fraud Act 2006 came into force on 15/1/07. It changed the landscape of fraud. From a Defendant's perspective it makes the offence much simpler to understand and, from the Crown's perspective, much easier to prosecute...
CONSPIRACY
Law Tactics & Strategy in Defending in Conspiracy Allegations
There are two types of conspiracy - statutory and common-law. Common law conspiracy is seen less frequently - though even with the dawn of a the statutory regime for fraud offences under the Fraud Act 2006 we still see the Crown using the common-law offence of conspiracy to defraud and cheating the revenue...
ANONYMOUS WITNESSES
Knowing your accuser
In June 2008 Rahman Ravelli Solicitors were in the middle of defending in an alleged contract killing case at the Old Bailey. However, following a judgment by the House of Lords applications were made by the defence to the effect that the jury had to be discharged as they had heard evidence from anonymous witnesses...
CHALLENGING THE EVIDENCE
The Exclusion Of Unlawfully Obtained Evidence
Many remand prisoners will spend part of their time pondering the evidence against them and wondering whether their lawyers can exclude any particularly troublesome part. It maybe that the prisoner in question is convinced that some aspect of the evidence has been obtained illegally; for example...
CONSPIRACY TO MURDER
To Plan A Death
The essence of this offence is in the 'agreement'; - the agreement to kill � there need not in fact be a dead body. On the other hand prosecutors sometimes like to use this charge when there is more than one person in the dock and all are alleged to have played a different role in an unlawful killing...
DISCLOSURE
Disclosure and PII Procedures
In this article we attempt to give a short explanation of the recent history of disclosure and developments in Public Interest Immunity (PII) so that those facing the current regime(s) may better understand the reality of what is expected of them, and what they can hope to gain from the current processes...
CONSPIRACY
Law Tactics & Strategy in Defending in Conspiracy Allegations
There are two types of conspiracy - statutory and common-law. Common law conspiracy is seen less frequently - though even with the dawn of a new statutory regime for fraud offences under the Fraud Act 2006 we still see the Crown using the common-law offence of conspiracy to defraud and cheating the revenue. However, in this article we will concentrate on what is by far and away the most common of conspiracy allegations; statutory conspiracy...
BOOTLEGGING AND DUTY EVASION
Nearly the oldest profession...
The phrase 'bootlegging' is centuries old. It eminates from returning sailors who would hide alcohol in their boots away from the sight of the duty men at the ports. Smuggling can of course take on many forms from simple 'booze cruise' overloads through to drugs, guns, counterfeited products and even people smuggling. We attempt here to look at a few frontier type offences both old and new...
ENTRAPMENT
Under cover officers - creating or preventing crime?
Some readers of this article will know all about test-purchase operations where under-cover officers will ask suspected street dealers for drugs - the officers will of course be 'wired for sound'. Other readers may be painfully aware of so-called 'participating informants' where a member of a group is also acting as a police informer...
CHALLENGING EVIDENCE
The Exclusion Of Unlawfully Obtained Evidence. When a breach of the rules leads to evidence being excluded.
Many remand prisoners will spend part of their time pondering the evidence against them and wondering whether their lawyers can exclude any particular troublesome part...
POLICE CORRUPTION
The Good, the Bad & the Bent
On 4th December 1997 the former Metropolitan Police Commissioner, Sir Paul Condon (now Lord Condon) gave evidence to House of Commons Home Affairs Committee and accepted that there were corrupt officers in his force...
STOP BUGGING US
The recent news that Sadiq Khan MP was bugged whilst visiting one of his constituents at HMP Woodhill was shocking enough. Even more shocking is the allegation that Special Branch telephoned the prison before the MP had even booked his visit and asked a DS Mark Kearney...
POLICE INTERVIEWS
Your words... for you or against you
The Police and Criminal Evidence Act 1984 (PACE) was introduced to tackle police abuses; especially the practice of verballing officers saying that the suspect made some kind of admission to him when in fact no such conversation took place...
CUSTODY TIME LIMITS
How long can you be kept locked up whilst the powers that be get ready for your trial?
The starting point in this difficult area is the Prosecution of Offences Act 1985. This sets out the regime whereby there is a maximum amount of time that a Defendant awaiting trial can spend...
CONFISCATION ORDERS
Matters to bear in mind before the trial
When facing a criminal trial it is all too easy to put all your energy into your defence. Some however will have one eye on the bigger picture. What happens to my assets if I do get convicted?...
FINANCIAL OFFENCES
Defending in Money-Laundering & Fraud cases
In this article we attempt to address some of the issues that often arise when a Defendant is charged with a 'financial offence'; e.g. conspiracy to defraud or cheat, fraudulent trading, false accounting, tax or duty evasion, MTIC (or Carousel ) frauds and the like...
DISCLOSURE AND PII PROCEDURES
In this article we attempt to give a short explanation of the recent history of disclosure and developments in Public Interest Immunity (PII) so that those facing the current regime(s) may better understand...
THE EXCLUSION OF UNLAWFULLY OBTAINED EVIDENCE
When a breach of the rules leads to evidence being excluded
Many remand prisoners will have a considerable amount of time to ponder the evidence against them and conclude that some aspect of the evidence has been obtained illegally...
SUPERGRASS EVIDENCE
The law, practice and development of supergrass evidence in England
"In 1973 Bertie Smalls made legal history. He was a leading member of a gang of London bank robbers. Following his arrest he offered to help the police by naming his accomplices in return for his liberty."...
MONEY LAUNDERING
Offences on the fringes of fraud
"Money laundering is being taken increasingly seriously both by the prosecution authorities and the Courts."...
SECRETLY RECORDED
Challenging evidence obtained from eavesdropping devices
October 2000 the Regulation of Investigatory Powers Act 2000 (RIPA) came into force. RIPA, and the Codes of Practice...
EXCLUDING UNLAWFULLY OBTAINED EVIDENCE
A short article with a title like this can only ever hope to touch upon this vast topic. Many remand prisoners...
POLICE SURVEILLANCE TECHNIQUES AND YOUR HUMAN RIGHTS
It is a fact of life that the British way of policing is now heavily dependent on technology and intelligence...
INFORMANT EVIDENCE
Grasses, Supergrasses, Participating Informants and the new 'British FBI'- A Defence perspective
A pedestrian who calls 999 after witnessing a crime is an 'informant' in that he or she is informing the police...
THE NEW MONEY LAUNDERING OFFENCES AND LONGFIRM FRAUDS
Under the old law, 'money laundering' offences - that is, hiding money derived from criminal activities into assets...
MONEY LAUNDERING
A short guide to the new offences under the Proceeds of Crime Act
The Proceeds of Crime Act 2002 (POCA) is one of the largest pieces of criminal legislation on the statute books and, just like the Criminal Justice Act 2003, it is now becoming...
THE CHANGING DUTIES OF DISCLOSURE IN CRIMINAL TRIALS
Disclosure is at the very heart of the criminal process in England and Wales. Indeed, proper disclosure lies...
DISCLOSURE, PUBLIC INTEREST IMMUNITY AND THE CRIMINAL JUSTICE ACT 2003
In this article we attempt to give a short explanation of the recent history of disclosure and developments...
COMPETITIVE TENDERING FOR CRIMINAL DEFENCE WORK
Is It Best Value For The Taxpayer Or The End Quality Legal Work And Justice?
Any Government seeks to ensure that Public money raised through taxation is spent wisely. Obtaining "Best Value" have been the buzzwords...
BIG BROTHER IS LISTENING
Use of evidence obtained through covert listening devices.
It is now common-knowledge that the police have at their disposal listening device technology, i.e. 'bugs'. In fact the type of technology involved...
ATTACKING YOUR ACCUSER
The new bad character provisions and how they can affect your defence.
As we have mentioned in previous articles the Criminal Justice Act 2003 has been a radical piece of legislation. It is now largely in force...
SECRET HEARINGS
How to get your voice heard in Public Interest Immunity applications
The Criminal Procedure and Investigations Act 1996 Act introduced the current two-stage approach for disclosure. First the prosecution provide...
WHAT'S NEW FOR PRISONERS
A guide to some of the changes in the law affecting prisoners in the coming year
In this article we hope to touch on some of the expected changes for the forthcoming year - we can't possibly hope to cover every topic or indeed...
POLICE SURVEILLANCE, TECHNIQUES AND YOUR HUMAN RIGHTS
There is a dazzling array of weapons available to the law enforcement authorities from simple well known techniques such as use of informants/undercover officers to...
FREEZING YOUR ASSETS
The Proceeds of Crime Act 2002 (POCA) is a complex piece of legislation and has been introduced gradually. The confiscation and restraint proceedings...
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Contact contact details in brief
Rahman Ravelli Solicitors
Head Office
Saracen House
10 Pellon Lane
Halifax, HX1 5SP
West Yorkshire
DX 16001 HX1
Tel: +44 (0)1422 346666
Fax: +44 (0)1422 430526
Rapid Response Team 24 Hour Emergency Contact
Tel: 0800 5593500
London Office
One Fetter Lane
London
EC4A 1BR
Tel: +44 (0)203 4405 515
Rapid Response Team 24 Hour Emergency Contact Tel: 0800 5593500