Failing To Prevent Bribery (The Bribery Act 2010) 4 min read
By Azizur Rahman
March 29, 2018
In 2018, a modestly-sized company became the first to be convicted in the UK for failure to prevent bribery. But the case itself raises more questions than it answers – and provides plenty of cause for concern for those who want to tackle bribery in their business. Read more
Politically Exposed Persons - PEPs And The Legal Restrictions They Face 4 min read
By Azizur Rahman
March 15, 2018
Aziz Rahman considers the Novartis scandal and the business restrictions on those holding high office. Read more
What Does the Criminal Finances Act Mean Act Mean For Asset Seizure and Forfeiture? 3 min read
By Nicola Sharp, Syedur Rahman
May 10, 2017
The authorities have often found it difficult to seize and forfeit assets that they suspect to be the proceeds of crime. Read more
CARBON CREDIT FRAUD – AVOIDING THE PITFALLS 3 min read
By Azizur Rahman
February 27, 2017
A good number of years ago, Rahman Ravelli was asked to write about carbon credits for an environmental magazine. It was a piece about how carbon credits were a well-intentioned idea that had become a vehicle for fraud. Unfortunately, the situation remains far from perfect. Read more
How To Bring A Private Prosecution 3 min read
By Azizur Rahman
December 22, 2016
Fraud is estimated to cost the UK economy £193 billion a year. And yet this is not reflected in the volume of fraud prosecutions that reach the UK’s criminal courts. Read more
Serious Fraud Office (SFO) - Section 2 Interviews 3 min read
August 31, 2016
The Serious Fraud Office’s guidance regarding interviews conducted under Section 2 of the Criminal Justice Act 1987 means that lawyers’ attendance at SFO-compelled interviews will not be guaranteed. Lawyers will have to argue why they should be able to attend and – if allowed to attend – agree to restrictions on their role in the interview. Read more
The Exclusion Of Unlawfully Obtained Evidence 6 min read
By Azizur Rahman
April 2, 2015
When a breach of the rules leads to evidence being excluded.Those charged with serious offences 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; e.g. by improper telephone intercept or by use of a participating informant. At this point it is time to ask the question that the trial Judge will ask, ‘so what?’ Read more
Restraint Orders 7 min read
By Azizur Rahman
May 1, 2014
Proceeds Of Crime Act 2002The purpose of a Restraint Order made under the Proceeds of Crime Act 2002 (POCA) is to freeze property that may subsequently be confiscated. Confiscation is the power the Crown Court has to make orders depriving convicted offenders of their assets if the offender has benefited from his criminal conduct. A Restraint Order does what it says ‐ the Order will specify what you cannot do; i.e. you cannot ‘deal’ with the property cited in the Order. Read more
Defence Case Statements 7 min read
By Azizur Rahman
December 23, 2013
Any discussion about Defence Case Statements (DCSs) involves dealing generally with disclosure in criminal litigation. All of the official guidance documents, and all of the important case-law on the topic refer to one leading case – it is the seminal case on disclosure and Public Interest Immunity (PII); R v H & C [2004] 2 Cr. App. R 179. The authors represented ‘H’ in that case. Read more
Disclosure and PII Procedure Explained 7 min read
February 20, 2013
An article by Jonathan Lennon and Aziz Rahman Read more