Fraud Lawyer

Partner at Berkeley Square Solicitors specialising in serious fraud who is described by the Legal 500 as a ‘fantastic’ lawyer with ‘encyclopaedic’ knowledge.

[Fraud Lawyer @DanielGodden2]

In the Rajiv Menon KC matter, the Court of Appeal held that the Administrative Court lacked jurisdiction under CPR 81.6 to initiate contempt proceedings https://t.co/4CeraLuIHG

[Fraud Lawyer @DanielGodden2]

The full text of the Crime and Policing Act 2026 is now available at https://t.co/rBhJTblWFL

[LAG Defending Suspects at Police Stations @LAG_DSPS]

In case you haven't seen it, there is a consultation on revisions to PACE Codes A and C regarding strip searches involving the exposure of intimate parts. Closing date for submissions is 10 June 2024 https://t.co/5YqvnpxL3E

[CrimeLine @CrimeLineLaw]

More on Operation Early Dawn although still noting official save for leaks via @TheLawSociety

We have been informed this evening that the Lord Chancellor is triggering an emergency measure, Operation Early Dawn, to deal with the worsening problem of the prison population.  Details are somewhat lacking but it appears to be an extension of early release and other measures, but there is a particular measure affecting Magistrates’ courts in England (but not Wales at the moment).

From tomorrow (Wednesday 15th May) many Magistrates Court cases will be delayed, the cause being a triage process for defendants being transferred from police custody suites to the Magistrates’ Courts and then likely to be transferred to prison.  We understand SERCO will do the triage and priority will be given to defendants in the most serious cases.

The Ministry of Justice confirmed that defendants who are not prioritised will be released on police bail.  The Ministry of Justice also said that it is expected to have some impact on defendants already on police bail, but cannot say to what degree.

Regrettably practitioners will not know if their clients’ cases will be affected and delayed for sure until they arrive.

We are awaiting further information regarding legal aid and wasted costs.
Details are at this stage lacking and we do not have specific details on which courts other than it is an England-wide policy.  We must therefore assume it will have an impact of every Magistrates’ Court in England. Although similar policies have been used regionally before to our knowledge this is the first time it has been deployed on such a wide basis.

Members may wish to await confirmation their client will be in court before attending where possible to avoid wasted trips and extended waiting at court at a time when the criminal legal aid sector lacks the capacity to deal with increased volumes of work as a result of decades of underfunding.
We are appalled of the state of our Criminal Justice System and have been campaigning on this from our inception and whilst we recognise the need for some action, this is a symptom of a systemic problem caused by more than 40 years of neglect of our Criminal Justice System.

We remain deeply concerned about the future, or lack thereof, for the legal aid sector and call on the government to not only deliver in full on the recommendations of the Criminal Legal Aid Independent Review, but go further and invest much needed resources not only into Legal Aid but the wider CJS as a matter of urgency to save our once world-leading Criminal Justice System.

[LibertasChambers @LibertasChambe3]

JAMES WALKER’S CLIENT ACQUITTED OF ALL COUNTS IN HAMPTON RIVIERA HOUSEBOAT FRAUD

James Walker, instructed by Daniel Godden of @berkeleylegal secured the acquittal of the second defendant on all counts.

Learn more ⤵

[CrimeLine @CrimeLineLaw]

Reported in the Financial Times: The Serious Fraud Office is investigating issues with its evidence disclosure software that could undermine historic convictions, with lawyers seeking clarity over the possible impact on past and current cases.

[LAG Defending Suspects at Police Stations @LAG_DSPS]

Revised PACE Codes A, B, C, D, and H, and a new Code I published today, and in force from 20 December 2023. Home Office explanation of changes can be viewed at https://t.co/Fdg69wa9Ln.

[CrimeLine @CrimeLineLaw]

Senior Presiding Judge, Edis LJ, has asked judges to adjourn, from next week, the sentencing of offenders who are on bail where custody is likely to be imposed. The prison estate is full.

[CrimeLine @CrimeLineLaw]

1/n Pre-charge bail changes are now in force (since 28 October 2022). The presumption against bail (and therefore a default to RUI) is now abolished. There is now no presumption either for or against bail being imposed.

[LegalAction magazine @LegalActionMag]

@EdLCape @matthardcastle2 and Sandra Paul @kingsleynapley report on recent case law & their investigations into the use of pre-charge engagement in police forces across E&W, which raise the 'concerning prospect that PCE is currently a postcode lottery'.
https://t.co/eKm9ZCQWOF

[LAG Defending Suspects at Police Stations @LAG_DSPS]

CofA decision on mental vulnerability and Code C para 1.4, and mental disorder and confessions under PACE s77. Decision from March 2020, but only just published. Not on BAILII, but is on Westlaw - R v Al Jaryan [2020] EWCA Crim 440 20 March 2020

[LAG Defending Suspects at Police Stations @LAG_DSPS]

HO has announced that the proposed revisions to PACE Codes C and E, to take account of the Covid Interview Protocol, will not be implemented - 'it would be much more beneficial to increase compliance with the existing interview protocol requirements' https://t.co/pkVOuRq4e7

[Fraud Lawyer @DanielGodden2]

Supreme Court in KBR Inc v SFO confirm that the SFO overreached its powers when it issued a notice under s2(3) CJA 1987 requiring a US company to produce material held overseas.

[Fraud Lawyer @DanielGodden2]

Richard Thomas of @DoughtyStCrime acted as counsel for Dr Gerald Smith

[Berkeley Square Solicitors @berkeleylegal]

BSQ Partner Daniel Godden issues a press release in the case of Dr Gerald Smith concerning a settlement agreement in proceedings related to one of the UK's largest ever confiscation orders https://t.co/s0c1p3hz7V

[Fraud Lawyer @DanielGodden2]

Richard Thomas of Doughty Street Chambers @DoughtyStCrime is instructed as counsel

[Berkeley Square Solicitors @berkeleylegal]

BSQ in the news - Partner Daniel Godden currently represents Dr Gerald Smith in the Comm Ct in a case involving the SFO and the UK's largest ever confiscation order currently standing at £72 million receiving widespread media coverage

[CrimeLine @CrimeLineLaw]

The legislation is expected to come into force on 28th September and will apply to anyone who is arrested and remanded for an offence deemed serious enough for a Crown Court trial after that date. The new custody time limits will remain in place for nine months

[CrimeLine @CrimeLineLaw]

Justice Secretary quoted in the press today: The Government will change the law to lengthen the time that offenders can be held before a trial from 182 days to 238. [this can be done by statutory instrument]

[GIR @GIRalerts]

New: Authorities in the US and UK have closed their Unaoil-related investigations into KBR without taking enforcement action. By @AdamDobrik https://t.co/7UsX6wyqlI

[Fraud Lawyer @DanielGodden2]

The first Administrative Court decision in relation to custody time limit extensions during the Covid19 pandemic is R (McKenzie) v Leeds Crown Court (2020) EWHC 1867

[Boris Johnson @BorisJohnson]

We will get through this together, and we will beat the virus.

To win this fight, we need everyone to follow our advice: as far as possible, we want you to stay at home. The more effectively everyone does this, the faster this country will recover.

#StayHomeSaveLives