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On appeal from: [2009] EWCA Crim 1941

The appellant appealed against a decision that the Financial Services Authority had the power to prosecute offences of money laundering contrary to the Proceeds of Crime Act 2002, ss 327 and 328. Appeal dismissed. The Court found that the FSA’s powers to prosecute criminal offences were not limited to the offences referred to in Financial Services and Markets Act, ss 401 and 402. Therefore, the FSA had the power to prosecute offences of money laundering contrary to POCA,  ss 327 and  328. Additionally, the Court found that every person had the right to bring a private prosecution. A corporation could bring a prosecution, provided that it was permitted to do so by the instrument that gave it the power to act. The FSA had always been able to bring any prosecution subject to statutory restrictions and conditions, and provided that it was permitted to do so by its memorandum and articles of association. Before the enactment of the 2000 Act, the FSA could have prosecuted the appellant for offences contrary to the 2002 Act, if the 2002 Act had been in force at that time.

For judgment, please download:[2010] UKSC 39
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII