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Abuse of Process. The Human Rights Act 1998 incorporates the European Convention of Human Rights. Which means all public bodies must not act in an unlawful way which is incompatible with a citizen’s human rights. Therefore all our clients have human rights issues at stake. Our clients right to a fair trial (Article 6). The right to privacy (Article 8) These issues often come to the surface in the larger cases that we are involved in. The key is pro-active defence preparation at all stages – not a last minute rush. All such surveillance must be authorised and be justified. In our view, given the demands that the Human Rights Act places on the State or its agents it is important, in most cases, to demonstrate that the surveillance was lawful. In many cases the State can meet that challenge. In others they may wish to conceal important material from the defence. In these cases the issue of entrapment may arise. Disclosure of the defence case carefully done may produce enough ammunition to launch an abuse of process application. This is an area that causes our clients a great deal of concern and it is our speciality. With covert surveillance material there will be much in the way of observations, transcripts and telephone records which they have not revealed, because it does not support their case. Such material may however assist the defence case and it is now vital that a carefully prepared Defence disclosure Statement is prepared at an early stage setting out our reasons for a full disclosure. The principles that underpin all our case work preparation, and our particular expertise in this field, mean that we can tackle the issues arising from a covert surveillance operation.
Prevention is always better than cure, effective guidance; internal control and risk management are increasingly in the spotlight. Banking disasters, high profile corporate failures and economic hard times have led to increased pressure to comply with accepted good practice. A proactive health check of your tax affairs whether you are an individual or a business, taking a positive approach and reviewing your affairs.