Criminal Law

Business and financial crime

 

It is not just the criminal or regulator investigation, or the penalty that might be imposed at any conclusion; nor is it the potential reputational damage that might create the biggest risk.

 

Rather, the drain on resources, including human resources that comes from overseeing such an investigation, and the inherent uncertainty arising creates that risk, as it is time away from other important tasks.

Guernica 37can assuage much of this uncertainty given the experience of our members and the approach adopted.

 

We are well versed in serious business and financial crime proceedings, such as fraud, money laundering, asset freezing and forfeiture, lawfulness of search and seizure warrants and all other aspects relating to fraud and corruption.

 

We can assist individuals and corporations in the proceedings brought by the National Crime Agency, Financial Conduct Authority and Serious Fraud office. 

 

Guernica 37 members have represented individuals, groups, and agencies, both domestically in the UK, and internationally in various states across the world, including Pakistan, the Kingdom of Saudi Arabia, and the UAE.

 

We firmly believe that being proactive is not just the best approach, but the only approach in such cases and therefore, whether it is for the Defence or the Prosecution, our member(s) once instructed will be involved from the very beginning, right through to the end of the case, advising and developing an appropriate client and case specific strategy.

 

Guernica 37 members have also developed a niche specialism in the protection of whistle-blowers, advising individuals both before, during, and after.

 

 

Confiscation and Asset Recovery

 

The phrase “follow the money” is at the heart of confiscation and asset recovery law

and our members at Guernica 37 are fully committed to ensuring that is their guiding

principle whether they are acting for defendants, interested parties to the litigation

process or for prosecutorial agencies.

 

The strength of Guernica 37 in this field of law is not only their expertise in the

substantive law in this complex and challenging area but also in their knowledge and

experience in conducting international criminal law proceedings and investigations

across a wide range of countries, jurisdictions and legal codes.

 

As organised crime becomes increasingly international and complex in its desire to

hide the assets of transnational offending, a collaborative and truly international

approach is required by lawyers and the core strengths of Guernica 37 make our

chambers ideally suited to address the needs of all our clients in this diverse and

challenging area of practice.

 

 

Cyber-crime

 

International cyber-crime is one of the most pressing problems facing governments, businesses, and societies generally and Guernica 37 is at the heart of promoting greater understanding of the challenges faced by communities, economies and governments around the globe. 

 

Its members have extensive experience not only in developing policy and engaging with academia in this challenging policy space but also specialise in advising law enforcement, prosecutorial agencies, and defendants (both corporate and individuals) in complex multi- national investigations and prosecutions. 

 

Chambers has a particular emphasis on advising in cases involving ransom ware and crypto currency related criminality either by fraud or money laundering.

 

Members of chambers have close links with lawyers and academics in several jurisdictions which ensures a collaborative and truly international approach is adopted when trying to resolve cyber related problems for our clients.

 

In addition to our advisory and litigation practices, we provide training and educational courses for a variety of institutions and bodies around the world incorporating international norms within existing local practice and custom in national jurisdictions. 

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Modern Slavery and Trafficking

 

Recent worldwide destabilisation has resulted in many people fleeing their homelands for safety. This has resulted in an increase in people trafficking and modern slavery. Members of chambers are well versed in the Modern Slavery Act 2015. 

 

Modern slavery and human trafficking crimes often contain cross-border elements. This is where Guernica 37 members excel due to the Chambers’ international presence, expertise, and contacts. We can represent and advise individuals who are accused of these offences, but also those individuals, who because of being trafficked (being a modern slave) committed/were forced to commit other offences and seek to rely on section 45 defence of the Modern Slavery Act 2015.

 

Moreover, given our background in advising corporates, we can represent and advise companies regarding corporate responsibility for modern slavery in supply chains in the UK and elsewhere. This is where we bring in and apply our knowledge of the intricacies and issues surrounding business and human rights to ensure compliance.

 

 

Prison Law and Judicial Review

 

Members of Guernica 37 Chambers have extensive experience in representing Prisoners at all stages of sentence, including post-release, and have represented individuals in respect of the full spectrum of matters, including but limited to:

• Category A Panels, 

• Recall, 

• Parole,

• Adjudications,

• Licence Conditions and are happy to provide written advice on all aspects of Prison Law.

 

Members have appeared before the Parole Board on countless occasions, successfully representing individuals making an application for release on Parole or making an application for re-release having been recalled on their licence.

 

Further, members have significant experience in bringing claims for Judicial Review against the Ministry of Justice, privately contracted out prisons such as those managed by SERCO, G4S, and GEOAmey, and the National Probation Service on a wide variety of issues, including, but not limited to, the denial of release on licence, disproportionate licence conditions, re-categorisation decisions, unlawful searching policies.

 

Accountability is at the heart of the work undertaken by Guernica, and this extends to individuals both domestically and internationally.  Government institutions are not immune to this fact, and where there is scope to challenge, those challenges should be brought.

 

Individuals may be able to secure public funding (Legal Aid) for representation through their solicitors, however, Chambers can provide quotes on a private paying basis should that be necessary.

 

 

Serious violence and drugs offences

 

Our expertise covers all types of offences including murder, manslaughter, serious assault, drug offences (from drug trafficking, cultivation, and supply to possession), firearms offences, and sexual offences from rape to sexual assaults.

 

All these very serious allegations and offences impact personal and professional lives of individuals. We have the experience to guide our clients through the proceedings from the beginning to the end. We can advise and represent our clients to the highest standard during the long and challenging investigations of these offences, including representation in the Magistrates, Crown and Appellate Courts.

 

These cases can be often very complex, involving long investigations, several defendants, conspiracy charges, and multiple jurisdictions. Guernica 37 has, due to its strong international footing, all the necessary tools to assist their clients in these difficult cases, whatever their nature.

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Terrorism

 

We represent clients at all stages of the terrorism related proceedings, for example, stop and search, investigation, pre-charge detention hearings, charging decisions and trials relating to all types of terrorism related offences and issues, whether in the UK or internationally. 

 

We have a deep knowledge and understanding of the UK terrorism legislation such as the Terrorism Act 2000 and 2006, Counter Terrorism Act 2008, and Counter-Terrorism and Sentencing Act 2021. 

 

Guernica 37 Chambers is well-equipped to assist with offences and issues such as possession and dissemination of terrorist material, distribution of extremist material on the internet, financing terrorism, asset-freezing and control orders, offences of incitement and attempt, and many others. 

 

Our clients also can benefit from our relevant expertise in extradition, human rights and international law.