Rahman Ravelli Solicitors
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RESTRAINT AND RECEIVERS
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...
REGULATION OF INVESTIGATORY POWERS ACT 2000
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...
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...
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...
ABUSE OF POWER
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
This short phrase 'abuse of process' will be well known to many of our readers. In this article we set out to explain the basics of the abuse of process jurisdiction and the main issues that arise...
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 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. Here we outline some of the practical issues we have come across in tackling trafficking allegations...
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), either because of restraint or confiscation proceedings in the Crown Court. However, more and more people are painfully learning all about another aspect of this draconian legislation, namely civil recovery...
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...
Serious Fraud
A glance at the future
The world's richest man, Warren Buffet, the American investor famously said "you can only find out whose swimming naked when the tide goes out." Around the time last year when we were all getting to used to the dreaded phrase 'credit crunch' and its unpleasant consequences another American, Bernie Madoff, must have been worried that he, and probably hundreds of his investors, were about to be exposed by the fast receding tide...
FRAUD ACT 2006
The New Offences
Much of the 'old' law on fraud was to be found in the Theft Acts of 1968 and 1978 as well as some common-law offences (i.e. developed in case-law rather than by Parliament). Many of the statutory provisions led to technical arguments and difficulties in practical application... >
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...
Abuse of Process
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
This short phrase 'abuse of process' will be well known to many of our readers. In this article we set out to explain the basics of the abuse of process jurisdiction and the main issues that arise...
ANONYMOUS WITNESSES
Knowing Your Accuser - new case on use of anonymous witnesses
This short phrase 'abuse of process' will be well known to many of our readers. In this article we set out to explain the basics of the abuse of process jurisdiction and the main issues that arise...
CONSPIRACY TO MURDER
To Plan a Death
Why write an article about such a specific offence? The answer is that this offence comes up so surprisingly frequently. There seems to be no end to the varieties of situations that can lead to this charge...
Fraud: Tax Evasion & Money Laundering
The new favourites...
In this short article we highlight the increasing importance of tax fraud type offences and money laundering cases...
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."...
Conspiracy
Law Tactics & Strategy in Defending in Conspiracy Allegations
"Just what does it mean to be charged with conspiracy? In this article we concentrate on statutory conspiracy"...
Money Laundering
Offences on the fringes of fraud
"Money laundering is being taken increasingly seriously both by the prosecution authorities and the Courts."...
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"...
Trafficking
Strategy & Tactics in Defending in Trafficking Cases
"A few years ago the word trafficking conjured up images of drugs smugglers and boot-leggers. Now you are more likely to think"...
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...
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...
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...
Disclosure And PII Procedures...and the new Protocol
On 20th February 2006 a new 'Protocol' on disclosure was published. Its aim was to set down clear guidance on how Judges...
Abuse of Process
This short phrase 'abuse of process' actually encompasses a multitude of sins; in this short article we concentrate on the main areas of potential abuse of...
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 will have a considerable...
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...
Police Corruption
On 4th December 1997 the former Metropolitan Police Commissioner, Sir Paul Condon, said to the House of Commons Home Affairs Committee...
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...
Civil Recovery Orders The latest way to lose everything
By now many readers of this paper will know all too well of the Proceeds of Crime Act 2002 (POCA). An increasing number of you will now be becoming aware...
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...
Informant Evidence
Tactics and Strategy
A pedestrian who calls 999 after witnessing a crime is an 'informant' in that he or she is informing the police about a crime. That person may...
Entrapment
Under-cover police officers - how far can they go?
So your walking down the street minding your own business when a friendly bloke comes up to you asks you if you want to buy a dozen cartons of Benson & Hedges...
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
Saracen House
10 Pellon Lane
Halifax, HX1 5SP
West Yorkshire
Rapid Response Team 24 Hour Emergency Contact Tel: 0800 5593500
Tel: +44 (0)1422 346666
Fax: +44 (0)1422 430526