BCL Solicitors LLP
11 Experts
2 Contributions by BCL Solicitors LLP
PRACTICE NOTES
The Online Safety Act 2023 (OSA 2023) was brought in to tackle a range of recognised online harms, notably reforming the offence dealing with intimate image abuse and confronting the transmission of unsolicited sexual imagery. For further details on the OSA 2023, see Practice Note: Offences under the Online Safety Act 2023. OSA 2023, s 188 adds a provision to the Sexual Offences Act 2003 (SOA 2003) which, from 31 January 2024, makes it a crime to share or threaten to share intimate photographs or films without consent. This offence is commonly called ‘revenge porn’ and replaces the previous offence of disclosing private sexual photographs and films with intent to cause distress under section 33 of the Criminal Justice and Courts Act 2015 (CJCA 2015). CJCA 2015, s 33 was repealed on 31 January 2024, but any offences committed before that date can still be
Corporate Crime
CHECKLISTS
This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority...
The Letter of Request (LOR)
Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled:
it appears to the authority that an offence has been committed
there are reasonable grounds for suspecting that an offence has been committed, and
the authority has instituted proceedings in respect of the offence in question or the offence is being
Corporate Crime
10 Contributions by BCL Solicitors LLP Experts
PRACTICE NOTES
This Practice Note sets out how to challenge designations made under the UK’s domestic sanctions regime created by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Introduced to secure a robust post-EU sanctions framework, SAMLA 2018 enables the UK to apply financial, immigration, trade, aircraft, shipping and other sanctions necessary to meet United Nations (UN) sanctions obligations.
UK sanctions established under SAMLA 2018 that replaced EU or UN measures came fully into effect at the end of the implementation period (IP completion day). For further guidance, see Practice Note: Development of sanctions regime in the UK post Brexit—timeline. For information on the UK domestic regime under SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force.
The impact of a sanctions
Corporate Crime
PRACTICE NOTES
This Practice Note outlines the UK’s financial and trade sanctions framework created by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Introduced to provide a resilient domestic system after Brexit, it allows the UK to impose a comprehensive range of sanctions to meet UN sanctions obligations, including:
financial sanctions
director disqualification sanctions
immigration sanctions
trade sanctions
aircraft sanctions
shipping sanctions
other sanctions
What is the background to the UK’s domestic sanctions regime?
‘Sanctions’ describes a set of tools intended to create adverse effects for foreign states or designated persons (individuals or corporate entities) for specified aims—most often foreign policy, and sometimes counter-terrorism. These measures place prohibitions and obligations not only on the targets themselves, but also on third parties who trade with, or otherwise deal with, them. For detailed guidance, see Practice Note:
Corporate Crime
PRACTICE NOTES
The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) forms the UK’s home-grown sanctions architecture. Refer to Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. When advising on breaches and enforcement, advisers should consult the particular sanctions statutory instrument to verify the applicable bans, carve-outs and enforcement powers for that regime. This confirms the scope of prohibitions, any exclusions, and the enforcement mechanisms relevant to that particular regime. Always anchor advice to the instrument in force at the time.
Who is responsible for enforcing financial sanctions in the UK?
Within the UK, financial sanctions are enforced by the Office of Financial Sanctions Implementation (OFSI), a division of HM Treasury. OFSI’s function is to oversee and implement financial sanctions nationwide. Broadly, ‘financial sanctions’ covers naming persons and entities, and placing restrictions on undertaking financial dealings with them. For
Corporate Crime
PRACTICE NOTES
Sanctions designations are a principal tool through which the UN, the UK and the EU restrict the conduct of individuals and entities linked to threats to international peace, security, or other stated objectives. Once a person is listed, measures—most often asset freezes and curbs on providing funds or economic resources—apply automatically. In the UK, ministers are empowered to create and operate sanctions regimes under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Internationally, the UN Security Council identifies targets via its listing procedures, while the EU adopts both UN-mandated and EU‑autonomous measures using its own legislative processes. This Practice Note outlines how designations work across these systems, the consequences for those subject to restrictions, and the routes available to challenge or seek removal from a list. For information about SAMLA 2018, see Practice Notes: International sanctions—an
Corporate Crime
PRACTICE NOTES
The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as:
trolling
cyberbullying
virtual mobbing
cyberstalking
flaming
creating fake social media accounts
It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 (OSA 2023).
The second part addresses civil causes of action that might arise, including:
defamation
misuse of private information
civil harassment
data protection
infringement of intellectual property (IP) rights
consumer protection and advertising regulations
disinformation
practical ways to bring an action
the ‘right to be forgotten’ and to ‘erasure’
Brexit
This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based practitioners and noting key areas of
TMT
PRACTICE NOTES
Financial sanctions seek to shape conduct. The UK runs a global anti-corruption sanctions regime to prevent and combat serious corruption. This Practice Note outlines the scope of that regime under the Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488. It sets out the targeted activities, the sanctions available, who falls within scope, and guidance from the Office of Financial Sanctions Implementation (OFSI). It also highlights practical issues for businesses. For the statutory purposes for sanctions under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), the duty to publish guidance, and how designations are made, varied and enforced, see Practice Note: The UK sanctions framework under SAMLA 2018.
Key information
The Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488 permit financial measures and travel bans on persons involved in serious corruption. They replace the Misappropriation (Sanctions) (EU Exit) Regulations 2020, SI 2020/1468, which concerned
Practice Compliance
PRACTICE NOTES
On 6 July 2020, the UK unveiled its first autonomous sanctions regime under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). The Global Human Rights Sanctions Regulations 2020 (the human rights sanctions regime), SI 2020/680, empower the UK to establish sanctions regimes designed to ensure accountability for, or to deter, ‘gross violations of human rights’. These measures are commonly known as ‘Magnitsky sanctions’.
This Practice Note sets out the scope of the UK’s global human rights sanctions regime. It details the activities the regime targets, the sanctions available, who is within scope, and the guidance issued by the Office of Financial Sanctions Implementation (OFSI). It also addresses practical considerations for businesses. For material on the statutory purposes for creating sanctions regimes under SAMLA 2018, the obligations to publish guidance on those regimes, and how designations can be made, varied and enforced, see
Corporate Crime
PRACTICE NOTES
The criminal regulatory landscape
How does criminal law intersect with the life sciences industry? The points of contact are numerous. Beyond offences against the person and controlled drugs offences, a range of corporate or ‘white collar’ crimes can affect both individuals and companies, such as counterfeiting, criminal cartel offences, money laundering, fraud and bribery. Breaches of the sector’s regulatory framework-including rules on medical devices, and on inducements and hospitality-can equally give rise to criminal liability. Criminal investigations and prosecutions may, though do not invariably, follow.
This Practice Note outlines how criminal law may operate in the life sciences arena. It addresses corporate crime liability, money laundering, fraud, anti-bribery, and inducements and hospitality in the promotion of medicinal products and medical devices, as well as enforcement. It also examines the effects of, and duties created for, life sciences businesses by the Economic Crime and
Life Sciences
PRACTICE NOTES
Mutual legal assistance in restraint and confiscation proceedings
Mutual legal assistance treaties (MLAT) typically oblige signatory states to help with the restraint and confiscation of criminal proceeds. In the UK, the MLAT restraint/confiscation framework sits in Part 11 of the Proceeds of Crime Act 2002 (POCA 2002), which also contains the domestic restraint/confiscation schemes in POCA 2002, Parts 2–4. Sections 444 and 445 of POCA 2002 empower UK law enforcement bodies to make secondary legislation so that requests from foreign authorities for help with identifying, recovering, investigating, freezing, confiscating and forfeiting the proceeds of crime can be acted upon, and to give effect to such requests. For an overview of the power to craft secondary legislation under these provisions, and of the secondary legislation implemented pursuant to them, see Practice Note: POCA 2002—external investigations, requests and
Corporate Crime
FLOWCHARTS
Flowchart
This flowchart offers a concise overview of the tax considerations that could prompt a company to select a specific route to demerger. The terms and expressions used in the flowchart are set out in the Practice Notes on demergers, as follows:
Demergers—an introduction to the tax issues
Statutory demergers
Capital reduction demergers
Liquidation demergers
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Corporate Crime
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