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Business Crime: Articles
The business crime regulation team at JMW ensures clients are kept up to date on news and proceedings in this area of law by producing informative and easy-to-understand articles.
If you want to know more about any of the business crimes and legislation covered in these articles, please don’t hesitate to get in touch with us by calling 0345 872 6666, or by filling in our contact form.
The disclosure process takes places in all criminal cases and is designed to ensure the accused has the right to a fair trial (Article 6, European Convention on Human Rights ‘ECHR’). It allows a defendant the opportunity to have access to material that satisfies the legal test for disclosure. The legal test is set out in The Criminal Procedure and Investigations Act of 1996 (CPIA) and regulates, in part, the procedures of investigating and prosecuting criminal offences.
These two appeals to The Supreme Court concern the approach the court should adopt in confiscation proceedings where a number of defendants have together acquired property or money as a result of committing an offence for which all or some of them have been convicted.
An HMRC tax inspection will usually be initiated with a straightforward request to provide information and documents so that a tax payer's tax liability can be properly assessed. Where necessary, HMRC have the power to obtain authority from the first tier tribunal to request the information or to enter and search premises. Although this does not confer a power to use force, failure to co-operate can lead to financial penalties.
UK customs procedures, in relation to the seizure and destruction of goods suspected of infringing copyright and trade mark rights, have changed. Find out more in this article.
Partner and Head of Department
Business Crime, Regulation & Driving Offences