Module 4
This module will initially evaluate the strategic approaches, current legislation and assess the relationship between financial investigation, the proceeds of crime and asset recovery. It will take the student through a systematic and structured approach in considering the offences, powers and investigation processes involved, also assessing those same issues in relation to money laundering.
The module will explore the role and responsibilities of investigators, disclosure officers and the Senior Investigating Officer, the disclosure test contained within the legislation and the requirements placed on the prosecution and the defence. Students will critically evaluate the common law rules of disclosure in the early stages of the investigation and prosecution case. There will be a focus on managing disclosure in complex cases, the scheduling and dealing with sensitive material, the application of Public Interest Immunity (PII) and considerations around third-party material. Students will also critically evaluate the legal and ethical considerations for investigators in managing criminal investigations and understanding the wider strategic issues faced by the Investigator including the role of the Prosecuting Authority.
Key Topics
- Development of disclosure rules
- Approaches to disclosure - international comparisons
- What constitutes unused material?
- The nature of sensitive unused material
- Complex cases and third-party material
- Defence disclosure, applications for disclosure & the continuing duty of disclosure
- Public interest immunity and protection of sensitive methodology and sources
- Consequences of failures in disclosure and key partners
- Best practice in managing disclosure relating to serious organised and terrorism investigations.
- Proceeds of Crime Act (POCA)/Asset Recovery/Money Laundering Legislation