Corporate Crime analysis: The conviction of Mr Akle has been overturned by the Court of Appeal following a finding that he did not have a fair trial, and the Serious Fraud Office (SFO) has been denied a retrial. As a result of the ruling, the Attorney General has announced that an independent review will be conducted into the SFO’s handling of the case and there are claims in some quarters that the Director’s position has become untenable. It is important to note, however, that despite the criticism of the Director, the Court of Appeal did not find that the high hurdle for an abuse of process was met. The appeal was allowed primarily on the basis of failures in disclosure, meaning that legal arguments to exclude an alleged co-conspirator’s guilty plea were hampered such that the conviction of Mr Akle was unsafe. Written by Quinton Newcomb, partner and head of Commercial Crime, and William Glover, senior associate (barrister)...
To continue reading this news article, as well as thousands of others like it, sign in with ³ÉÈËÓ°Òô or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Appeal on fresh evidence in criminal casesThe interests of justice testThe single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to fresh evidence which was not adduced at trial, the same test applies. In order to
Appeal against sentence in the Crown CourtThis Practice Note explains how to appeal to the Crown Court against a sentence imposed by the magistrates’ court. It may be read in conjunction with Practice Note: Appealing a conviction in the Crown Court.For detailed guidance on appealing a sentence
Appealing a conviction in the Crown CourtThis Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the magistrates’ court to the Crown Court. Further detailed guidance on appeals in the Court of Appeal, Criminal
Criminal appeals—reopening final determinationsReopening final determinations of the Court of Appeal Criminal DivisionThe Court of Appeal Criminal Division has an inherent jurisdiction in rare cases to reopen a previous decision determining appeal proceedings (R v Yasain). In Yasain, the court noted
0330 161 1234