Emery Celli Brinckerhoff Abady Ward & Maazel LLP’s Post

Remarkable results today for CPS Proceeds of Crime in linked appeals: Haden and others [2024] EWCA Crim 344 and Luxton [2024] EWCA Crim 340. The former considered challenges by the Crown against refusals to extend the ‘confiscation timetable’ pursuant to s14(2) PoCA 2002 in four different cases. The latter considered the linked but discrete issues arising apropos of the scope and extent of the ‘Slip Rule’ per s385 Sentencing Act 2020 and its interaction with s14 PoCA in turn. The Crown suceeded in all of these appeals. The clarification given by the Court as to the priority of impetus in PoCA proceedings is interesting, especially in a time where Crown Courts have had to necessarily prioritise “live” cases with such a significant backlog, including for instance rape victims waiting two years or more for justice. At para 25 of Haden the court makes clear: “The fundamental principle is that the 2002 Act regime for confiscation imposes a duty to act upon the court. The purpose is to ensure that crime does not pay.” In Luxton, the issues were more complicated, because of the interaction between PoCA and the slip rule: Essentially, at the operative time the court should have proceeded, it was instead invited to withdraw the confiscation proceedings, in large part because prosecuting counsel only had one CACD authority (Iqbal) which had been superseded by a UKSC case (Guraj). At para 42 the court noted that “Unlike prosecuting counsel, the judge had an awareness of the authorities…” and at 43: “Prosecuting counsel was not only wrong about the law, he was also not fully informed about the facts” Notwithstanding issues over the procedural approach, the concerns which arise over the assistance the judge was given as to the *relevant* authorities provide a basis for the CACD to set aside the lower courts decision. These cases underline the importance of: 1) courts prioritising the confiscation process just as they would the timeliness of a substantive criminal trial 2) court users providing up to date, relevant and candid assistance to the court in the interests of justice. Clearly, confiscation law is complicated and requires training and repeated CPD to stay up to date.

#DidYouKnow that #defamation is not considered a #criminaloffense, but rather a #civiltort? This doesn't mean wrong-doers can evade #justice though! It just means you have to go about achieving it a different way. A #defamationcase often ends in a #civillawsuit where the person who made the #defamatorystatement will be required to pay #damages for any reputational harm. The amount of damages is decided by a judge or jury after hearing both sides of the story. #Defamationlaw varies from state-to-state though, so you should contact an experienced #defamationlawyer, like Daniel Warner or Raees Mohamed from RM Warner Law, to form a solid plan of action specific to your situation's needs. To get started with your #defamationlawsuit, click the link in our bio today to speak with a #defamationattorney!

County Court Shocker The criminal justice system is still an absolute mess, a simple example is here. Warrant issued for the enforcement of a judgement six months ago, and shortly after that was paid in full, file closed. Then six months later, today, I get this, what is going on .. Also by the way, word of warning to insurers and companies that I pursue on behalf of my private clients. When I tell you I will litigate, I will. When I tell you, I will enforce the judgement, I will whether you are a small company or a PLC, makes no difference, the principles are the same. This is why my clients are so loyal and become personal friends. #UHNW #HNW #privateclients #managementconsultant #music #business #litigation #countycourt #court #mediation #contractdispute #familyoffice

𝗗𝗮𝗿𝗿𝗲𝗻 𝗦𝗻𝗼𝘄 𝗶𝗻𝘀𝘁𝗿𝘂𝗰𝘁𝗲𝗱 𝘁𝗼 𝗱𝗲𝗳𝗲𝗻𝗱 𝗶𝗻 𝗠𝘂𝗿𝗱𝗲𝗿 𝗰𝗮𝘀𝗲. Darren Snow, instructed by Ziyad Lunat of Z&Z Solicitors, has been instructed to defend in Operation Tornado, a Leicestershire police investigation, in respect of the murder of Bhajan Kaur. The case is set for PTPH (Plea and Trial Preparation Hearing) in July at Leicester Crown Court. More information about this case can be found via links in the comments. #CriminalDefence #Barristers #Crime #UKLaw

Self-defense is a complicated legal defense to allegations of violent offenses, such as assault, aggravated assault, or homicide. There are requirements for a successful self-defense claim, including that you were not engaging in unlawful conduct at the time of the altercation. Even if you know you were only protecting yourself or your family, the prosecutor can challenge this assertion, and you can face an uphill battle to defend yourself. Read More:https://lnkd.in/e_wp-Bkg

Two divergent political theories battled for acceptance in the late 17th century - and the resulting debate greatly influenced the "Western" civilization...Hobbes vs. Locke. "(Thomas) Hobbes believed that the social contract was designed to invest absolute power in a ruler to govern the citizenry." 🤷♂️ "(John) Locke believed that the social contract meant investing some power in the hands of the ruler, whose power would be used to protect his citizens' human rights." ??? Which one do you believe is now ascending in this world ??? 👇 navigation to background url at bottom of post 👇 For your further consideration...I present to you as Exhibit A the video post and commentary by Richard DiPilla: "The lawlessness we are seeing tearing apart the fabric of the US. Worse yet it is being exported around the world. Its beyond anything Ive ever witnessed in my lifetime. WHAT HAS HAPPENED IN THE LAST FEW YEARS LEADS TO EMPOWERMENT OF CRIMINALS OVER LAW ABIDING CITIZENS." Please watch the first 10-15 seconds and post your verdict in the comments.👇 https://lnkd.in/eKnpJQPg

I have recently published a new blog post about the Sentence Appeal involving Christopher McGowan. If you joined The Guilty Act event, you might remember our conversation about this troubling case and the concept of voluntary actions. Thank you to those who have reached out to share your thoughts and updates on the case; I truly appreciate it. I hope the blog post addresses some of the questions asked. Link to blog: https://lnkd.in/em52-jGN #scotslawtalks #truecrimecommunity #scottishcrime #scotslaw

Criminal Injury Assault Claims & Compensation Scotland If you have suffered an injury as a result of a crime, then Hamilton Douglas Legal can help you recover compensation for your injuries. The compensation is recovered from the CICA (Criminal Injury Compensation Authority). https://lnkd.in/e-bw9VHE . . . #explore #explorepage #CriminalInjuryClaims #ScotlandLegal #InjuryCompensation #LegalSupport #CrimeVictims #ScottishLaw #LegalJustice #InjuryLawyer #ClaimYourRights #CompensationRights #InjuryAdvice #CriminalInjuryScotland #LegalAid #InjurySupport #ClaimProcess #InjuryRights #LegalConsultation #JusticeForVictims #LegalAssistance #ScottishLegalClaims

Will I have to remain in custody until my trial? With the New Jersey criminal case process, you may have to remain in custody until your trial. It depends on what the judge decides in regards to your pre-trial detention. And the nature of your charges has an impact on this decision, too. If you’re charged with an indictable offense—which is equivalent to a felony—you can be held for up to 48 hours following your arrest and booking. During this time, the prosecution collects background info on you and schedules a hearing with a judge. During this hearing, the judge considers several factors about you and your case. They can release you until your trial, release you with additional conditions, or choose to keep you in custody until your trial. If you’re charged with a disorderly persons offense—which is like a misdemeanor—you’re usually only in custody until the booking process is complete. https://lnkd.in/gWYDDt_B