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Prosecution Authorities"> Prosecution Authorities

Prosecution Authorities in Manchester, England

Serious Fraud Office (SFO)

This is an investigating and prosecuting authority. Where as the Police investigates alleged offending and then refer the case to a separate prosecuting body (Crown Prosecuting Authority), the SFO investigates and prosecutes. It prosecutes both individuals and companies for offences such as boiler room frauds, long firm frauds, factoring fraud, wrongful trading, carbon credit fraud and money laundering.

The SFO tend to deal with cases which are valued at £1million, or above. They employ ‘in’house’ experts such as accountants and computer experts to investigate allegations. If a decision is taken to prosecute an individual, or company, these experts form part of the prosecution team. Hence, it is important for your defence team to instruct its’ own team of experts to combat and rebut the Prosecution’s evidence.

If you are facing an investigation or prosecution brought by the SFO please contact us.

www.sfo.gov.uk

Crown Prosecution Service

The Crown Prosecution Service (known as the ‘CPS’) prosecutes offences investigated by the Police. The CPS gives advice to the Police as to whether to charge an individual, once a decision to charge has been made the CPS takes over the case and prepares it for trial.

The CPS have a code of conduct known as the ‘Code for Crown Prosecutors’ which they must follow. It is important that your legal team is familiar with this guidance so that they are able to identify any acts which are not compliant. Our team at Stephen Lickrish and Associates are aware of this Code and actively consider and ensure its’ application to each case they defend.

If you are facing an investigation by the Police or a prosecution brought by the CPS please contact us.

Her Majesty’s Revenue and Customs (HMRC) and Revenue and Customs Prosecution Office (RCPO)

Although HMRC no longer are a prosecuting authority they still investigate potential offices – much like the Police. Offences investigated include the illegal importation of drugs, alcohol and tobacco smuggling, tax evasion (such as MTICs and carbon credit fraud) and money laundering.

The results of investigations are passed to the RCPO which then, much like the CPS, advises as to charge applying the tests set out in the ‘Code for Crown Prosecutors’.

HMRC’s Inland Revenue arm also investigates civil cases where an individual, or company, is suspected of not paying the correct amount of tax on their income. These investigations can lead to civil (rather than criminal) proceedings being invoked.

It is sometimes possible to persuade an investigation team to treat a client using their civil powers rather than initiate criminal proceedings. This can mean that a client may face a ‘Code 9’ investigation, also known as a Special Compliance Investigation – the Revenue tend to use this method where there is more than £100,000 tax suspected to be unpaid.

In cases investigated by HMRC, whether they be criminal or civil, it is often imperative to instruct independent experts such as forensic accountants. These experts can reconstruct accounts where there are few contemporaneous records available which can used to assess the amount of tax due, if any, as well as verifying the source of monies, for example that money going through an account was from a legitimate business and not generated through drug dealing.

http://www.hmrc.gov.uk/index.htm

If you are facing an investigation by the Police or a prosecution brought by the CPS please contact us.

Financial Services Authority (FSA)

The FSA is a regulatory body with powers of prosecution. It regulates most financial services markets, exchanges and firms. If an individual or company fails to meet the standards set by the FSA action can be taken against them.

An individual or company may need advice and representation to avoid sanctions being imposed by the FSA, or, at least, to limit these. The FSA have the power to impose fines, or bring prosecutions which can lead to imprisonment if a conviction is secured.

http://www.fsa.gov.uk/pages/index.shtml

If you are facing an investigation by the Police or a prosecution brought by the CPS please contact us.

Trading Standards

Each local Council has a Trading Standards department which operates within the Council’s geographical area. Each department enforces consumer related legislation set out by central government. It provides help and advice to companies and members of the public.

Trading Standards act whenever they discover a breach of consumer law – whether that be a breach they have found, or one reported by the a member of the public. They investigate a wide range of complaints such as selling goods such as cigarettes, alcohol and knives to underage people, sale of counterfeit goods on a market stall, or even Ebay, ticket line frauds, and compliance with issues such as labelling, weights and measures.

Trading Standards have the power to bring a prosecution and/or impose a fine. There are strict guidelines and timetables to which they must adhere when investigating any potential offence. Again, Trading Standards are subject to the Code for Crown Prosecutors (http://www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html).

http://www.tradingstandards.gov.uk/

If you are facing an investigation by the Police or a prosecution brought by Trading Standards please contact us.

Stephen Lickrish & Associates Solicitors in Manchester

Offering specialist advice and representation on cases of prosecution brought by Trading Standards, Lickrish & Associates Solicitors in Manchester can help. Contact us today by calling us at 0161 237 1913 or on 0800 988 64 22 for 24-hour legal advice. Alternatively, contact us by filling out an enquiry form.

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