0900
Coffee and registration
0930
Chairman’s Introduction
If staying proceedings for abuse is the defence counsel’s nirvana and sought whenever possible, then why do so few applications succeed and are officer’s being hauled over the coals unnecessarily?
Peter Lodder QC
Barrister, 2 Bedford Row
Has often appeared on national radio and television news broadcasts to comment upon high profile criminal cases and on changes in the law. He has contributed to current affairs programmes such as Unreliable Evidence, Law in Action, and The One Show. “According to instructing solicitors… he is the real McCoy” – Chambers.
0940
Question 1
Is creeping, piecemeal, drip-fed disclosure gamesmanship at trial or does it indicate the general state of mind of the police and prosecuting authorities?
Colin Wells
Barrister, 25 Bedford Row
Author of leading text, “Abuse of Process – a Practical Approach”. Specialises in high profile criminal defence cases involving drugs, serious fraud, murder, money laundering and confiscation proceedings.
1020
Question 2
With the proliferation of CCTV and phone tracking evidence, can you be ever 100% sure you have seized and preserved everything that the court may deem relevant to the fair prosecution of a defendant?
David Young
Barrister, 9 Bedford Row
Co-Author of major text, "Corker, Young and Summers on Abuse of Process in Criminal Proceedings". Practice revolves around major drug-trafficking, money laundering and fraud, murder and International Terrorism. Is recognised as a leading practitioner in the main directories.
1100
Morning coffee
1120
Question 3
If your informant inadvertently lays a trap, how can you turn round the situation and stop the charge of agent provocateur of crime from taking hold?
Richard Furlong
Barrister, 25 Bedford Row
Recommended as a leader in criminal fraud in Chambers UK 2009, and the Legal 500 (2008), "a man very much with his wits about him". Co-author, 'International Money Laundering and Terrorist Financing: A UK Perspective ', published by Sweet & Maxwell, 2008.
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Format for the day:
In a highly focused 18 minute presentation, speakers will offer solutions to a tricky question, followed by 22 minutes for discussion between the industry commentators, speaker and audience.
Please note 153 UK police, crown prosecutors and defence lawyers were kind enough to help with this programme. The questions posed and format used are a direct result of this help and advice |
1200
Question 4
To what extent, if at all, are you bound to the promises/arousals of expectation made to the defendant by other authorities, who may not share your view of the case?
David Corker
Founding Partner, Corker Binning
Author of major text, “Abuse of Process in Criminal Proceedings”. Has acted for clients in almost every large criminal fraud case undertaken by the Serious Fraud Office. ‘A resourceful operator who spots the important issues in no time’ – Chambers
1240
Questions and discussion
1300
Lunch
1400
Question 5
What can be expected to change with the new Plea negotiation guidelines and where will the courts draw the line on promises not to prosecute and/or to offer no evidence?
Jonathan Lennon
Barrister, 23 Essex Street
Specialises in high profile criminal defence cases involving drugs, serious fraud, murder, money laundering and confiscation proceedings;
contributing author, "Covert Human Intelligence Sources: The 'Unlovely' Face of Police Work".
1440
Question 6
Which factors are likely to render a genuine mistake in obtaining evidence, which is now unavailable, susceptible to being viewed as something more sinister and as potentially obstructing the trial process?
David Young
1520
Question 7
In confiscation proceedings, how do you prevent harsh treatment from becoming abusive when the current case law is not clear?
Richard Furlong
1600
Afternoon tea
1630
Close of conference
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