Current Criminal Law Volume 9 Issue 4 June 2016 ISSN 1758-841 Volume 9 Issue 4 June 2017 The law relating to financial crime in the United Kingdom Ridley, N. and Harrison, K. (authors) Routledge (2017) pp 2-27 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 2 The law relating to financial crime in the United Kingdom (Second edition) N. Ryder and K. Harrison (authors) Taylor & Francis (publishers) ISBN: 978-1-47-246422-4 (hardback) ISBN: 978-1-47-246425-5 (paperback) ISBN: 978-31-555623-9 (electronic book) Book review by Sally Ramage Aims of this second edition Professor Nicholas Ryder (see Appendix A for a list of his published works) and Dr Karen Harrison (see Appendix B for a list of her published works) have produced this second edition of The Law relating to financial crime in the United Kingdom (published by Routledge of Taylor & Francis Group) in order to bring the work up-to-date; to include recent legislation and government Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 3 policy developments; and also to add the financial crime topics of tax evasion, market manipulation (including insider trading) and cybercrime, making this work a complete and well-rounded university-level introduction to the criminal laws relating to financial crimes as they affect the United Kingdom. Criminal law never stands still English criminal law is unlike English civil law because criminal law has a very wide scope and plays a very special role in reflecting the values and culture which do determine what conduct is regarded as being criminal. The criminal law of a country is determined by the procedures it uses and which principles should be used in making criminalisation decisions (such as the harm principlesee Feinberg, J. (1988) Harm to others; harm to self and harmless wrongdoing, Oxford: Oxford University Press). The 'harm principle' The harm principle plays an important role in protecting individual autonomy and opposes moralism (of which Lord Devlin had provided one of the most sophisticated versions- (see Devlin, P. (1965) The enforcement of morals, Oxford: Oxford University Press). The harm principle opposes moralism, and can be said to be popular simply because the notion of harm is so vague that it can cover a wide range of views. One can say that financial crime is harm to society even though it does not directly harm anybody, but does so indirectly. One can therefore argue that financial crime harms the 'public interest' and Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 4 therefore criminal law is justified to prohibit conduct which harms the public interest. Use of the harm principle in these cases is a preventive role as gatekeeper, with conventions such as the European Human Rights Convention 1948 (ECHR) imposing obligations on the Member State to create criminal offences. Effect of the UK Human Rights Act 1998 The Police will verify that the introduction of the UK Human Rights Act 1998 (HRA) has greatly affected operational policing, legislation, and court decisions because the HRA guarantees and encompasses the fundamental rights and freedoms contained in the ECHR. In particular: * Section 2 HRA requires a court to take account of the opinions/decisions of the ECHR, the European Commission or Committee of Ministers when determining a question relating to a Convention right; * Section 3HRA demands that all UK legislation must be construed and given effect in such way as to be compatible with Convention rights. * Section 4 HRA permits the Supreme Court; High Court and the Court of Appeal to make a declaration of incompatibility on any question of UK law; * Section 6 makes it unlawful for a public authority to act in a way incompatible with a Convention right and this includes a failure to act; Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 5 * Section 7 provides for an aggrieved party to take proceedings where a public authority has breached, or proposes to breach, s6, but only if that person is or would be a victim of the unlawful act; * Section 8 empowers a court to grant such remedy or relief within its powers as it considers just and appropriate; and * Section 11 preserves any other right of freedom enjoyed under UK law. Society today However, there is no complete uniformity of criminal law across different countries of the world. The United Kingdom(UK) is a jurisdiction which is governed by a mixture of common law (or judge-made laws) and compliance rules and regulations laid out in black letter law consisting of UK statutes; statutory instruments; European Union Directives, and international treaties and conventions. Criminal and civil laws Added to the Human Rights Act 1998 is the fact that this statute also applies to civil proceedings with restraints: the right to a fair and public hearing by an impartial tribunal is provided by Article 6 (i) which right is guaranteed in relation to both civil and criminal proceedings, but, the protection offered by Article 6-subsections (2) and (3) is only available if a person is charged with a criminal offence. Thus, the Defendant is entitled to a greater deal of safeguards when involved in criminal proceedings. In criminal proceedings, Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 6 the burden of proof is on the prosecutor and the standard of proof is higher. The only types of cases not entitled to Article 6 protections are: entry or removal of immigrants; and cases concerning taxation obligation. In the case of Cuscani v United Kingdom (2002) ECHR 630, (2003) 36 EHRR 2, 439, at para 44, the European Court of Human Rights decided that the defendant was entitled to an interpreter in this taxation evasion case, and not only to a lawyer. The different standards of protection are very important. In a criminal case, the Defendant usually enjoys protection against illegal searches. Criminal law protection is of a higher standard because usually, a person will face imprisonment if convicted. A similar case taken to the civil court often has the defendant punished in a financial way. The right to a fair trial, nevertheless, contains several requirements, namely: 1. There must be real and effective access to a court and thus to Legal Aid, 2. The hearing must be before an impartial courtestablished by law. 3. This hearing must be held within a reasonable time. 4. The applicant must have access to the other side's submissions and procedural equality. Procedural equality is to include the doctrine of equality of arms. 5. The court must explain its decision. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 7 The person accused of a civil wrong or a criminal offence must be able to be present during the trial, which must be a public hearing, unless required to be private under circumstances. Financial crime in the civil courts or criminal courts To add to this complexity is the fact that parallel to criminal procedures is the civil law under which much fraud is and has been litigated for many decades. A criminal law prosecution is brought by the government and sometimes privately, against a person who is alleged to have done an act that has been classified as a crime. Financial crimes can also be litigated on the other hand, when it involves individuals and organisations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the lawsuit, while in a civil case the victim brings the lawsuit. Persons convicted of a financial crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. This belies the truth about the extent of fraud in the UK. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 8 Difficulties of prosecuting computer cyber-crimes Today, we realise the inexorable growth of cybercrime, yet most cybercrimes, like crimes in general, never result in prosecution. Cybercrime. Source: Google. Yet cybercrimes are often committed by the usual theft motivations of greed, curiosity, revenge, cyber-stalking and cyber-terrorism, now that digital technology is prevalent throughout the world and cybercrime is no longer only associated with the actions of young, well-educated, middle-class, male criminals. Theoretically, cybercrime is indeed a 'white-collar crime' made more difficult to prosecute in its usual cross-border aspect. In particular, cybercrime in the UK has been defined as entailing conduct proscribed by legislation and/or common law as developed in the courts, that involves the use of digital technologies in the commission of the offence, or, is directed at computing and communications technologies themselves; or is incidental to the commission of other crimes. Computers may be incidental to the offences or indeed instrumental to criminal offences. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 9 Cybercrime offences Cyberterrorism. Source: Google. Cybercrime can be prosecuted through the use of traditional offence categories such as: * Theft Acts offences, or * Fraud Act offences such as obtaining financial advantage by dishonesty; or *gaining unauthorised access to computers; or * modifying computer data without authorisation; or * disseminating offensive material electronically; or * disseminating misleading advertising information; or * Online fraud and financial crime offences; or * electronic manipulation of share markets; or * denial of service (DoS) attacks; or * unauthorised access to computer networks; or * theft of telecommunications and Internet services, and other offences. All of the above cybercrime offences require access to evidence for police. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 10 Changes legally brought about with a change of government Added to this complexity is the fact that general elections in the UK, which often results in a change of government , compels new government to 'put their mark' on the State by dismantling old criminal law agencies, and replacing these with new agencies, be they sometimes, with political, legal and historical agendas. Customer confidence and confidentiality A worrying factor of cybercrime is banking confidentiality whereby, for many years, the banking industry has withheld losses caused by computer hackers entering their electronic systems and stealing billions of pounds without even the police being notified. This is because almost all UK national banks have been floated on the London Stock Exchange (LSE) and therefore any such bad news may drive down their share price. This inequitable treatment of one sector over others is a very serious issue which must be addressed because other companies floated on the stock markets are prone to the ill effects of undesirable news concerning them. Insider Trading Insider trading crime occurs when the buying or selling of a security occurs in breach of a fiduciary duty or other relationship of confidence or trust, while in possession of information about a security that is not available to the public – Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 11 this is known as material non-public information. Insiders are allowed to trade as they do not rely on material information not in the public domain. As soon as they rely on such material – relevant information which the public does not have access to – their activity is illegal by definition. A notorious example of such a crime was committed by Martha Stewart in the United States. (See Ramage, S. (2012) 'Preserving legal privilege and employing a PR professional whilst your client is being investigated or prosecuted', The Criminal Lawyer, Issue Number 206, January/February 2012). Conclusion The above merely touches the tip of the iceberg with regard to the complexity of addressing financial frauds, especially insider trading. This new book should whet the appetite of university students in the UK. It is serious 'food for thought'. Note: Appendices A and B follow. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 12 Appendix A: Other writings by Professor Nic Ryder Article (61) 1. Ball, R. (2018) Competition law and LIBOR in three jurisdictions: US, UK and EU . In: Ryder, N., ed. (2018) White Collar Crime and Risk – A Critical Reflection. London: Palgrave. [Submitted] Available from: http://eprints.uwe.ac.uk/31696. 2. Ryder, N. (2017) The financial war on terrorism and Islamic State of Iraq and Levant . In: Sussex Crime Research Centre: Research Seminar, Sussex, England, and 9 March 2017. Available from: http://eprints.uwe.ac.uk/31239 3. Ryder, N., Turksen, U. and Tucker, J. (2017) The Financial Crisis and White Collar Crime Legislative and Policy Responses . Routledge. ISBN 9781138119970 Available from: http://eprints.uwe.ac.uk/29206 4. Ryder, N. (2017) United Kingdom – Policy, legislative, regulatory and enforcement responses to white collar crime and the financial crisis . In: The Fraud Act 2006 – Ten Years On: A critical evaluation of the Act from legal academics, legal practitioners and criminologists, School of Law, University of Worcester, 13 January 2017. Available from: http://eprints.uwe.ac.uk/30688 5. Ryder, N. (2017) High cost short term credit in the new UK market place . In: Aldohni, A. K., ed. (2017) Law and Finance after the Financial Crisis: The Untold Stories of the UK Financial Market. Routledge, pp. 50-78. ISBN 9781138936362 Available from: http://eprints.uwe.ac.uk/29927 6. Herlin-Karnell, E. and Ryder, N. (2017) The robustness of EU financial crimes legislation: A critical review of the EU and UK anti-fraud and money laundering scheme . European Business Law Review. ISSN 0959-6941 [In Press] Available from: http://eprints.uwe.ac.uk/28919 7. N. (2017) The financial war on terrorism: A critical review of the United Kingdom's counter-terrorist financing strategies . In: Walker, C., King, C. and Gurule, J., eds. (2017) Asset Stripping: Responses to the Financing of Terrorism and Crime. London, UK: Palgrave. [In Press] Available from: http://eprints.uwe.ac.uk/28203 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 13 8. Ryder, N. (2017) The financial crisis and financial crime in the United Kingdom: A critical analysis of the response by Financial Regulatory Agencies . The Company Lawyer, 38 (1). pp. 4-14. ISSN 0144-1027 Available from: http://eprints.uwe.ac.uk/28232 9. Ryder, N. and Herlin-Karnell, E. (2017) Market Manipulation and the Financial Crisis: Regulatory Challenges and Responses in United States of America, the European Union and the United Kingdom, Hart Publishing. [In Press] Available from: http://eprints.uwe.ac.uk/26063 10. Ryder, N. (2016) Out with the old and ... in with the old? A critical review of the Financial War on Terrorism on the Islamic State of Iraq and Levant . Studies in Conflict and Terrorism. ISSN 1057-610X [In Press] Available from: http://eprints.uwe.ac.uk/28343 11. Ryder, N. (2016) Cyber crime and terrorist financing . In: British Bankers Association 2016 Financial Crime and Sanctions Conference, London, UK, 2021 September 2016. Available from: http://eprints.uwe.ac.uk/29924 12. Ryder, N. (2016) A contemporary and comparative review of the relationship between the global financial crisis, financial crime and white collar criminals in the U.S. and the U.K . In: Kingston Law School Research Seminars, Kingston University, London, UK, 8 March 2016. Available from: http://eprints.uwe.ac.uk/28239 13. Ryder, N. and Palmer, A. (2016) Is justice deferred, justice denied? Not necessarily. Financial Regulation International. pp. 6-11. Available from: http://eprints.uwe.ac.uk/28685 14. Ryder, N. (2016) Financial crime and the latest trends . In: Chartered Institute of Internal Auditors Annual Conference, Bristol, UK, 12-13 May 2016. Available from: http://eprints.uwe.ac.uk/28866 15. Ryder, N. and Harrison, K. (2016) The Law Relating to Financial Crime in the United Kingdom . 2nd ed. Surrey, UK: Routledge. ISBN 9781472464224 Available from: http://eprints.uwe.ac.uk/25816 16. Ryder, N. and Webb, G. (2016) The financing of terrorism and the threat posed by the Islamic State of Iraq and Levant . Financial Regulation International. pp. 11-15. Available from: http://eprints.uwe.ac.uk/28682 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 14 17. Ryder, N. (2016) "Greed, for lack of a better word, is good. Greed is right. Greed works": A contemporary and comparative review of the relationship between the global financial crisis, financial crime and white collar criminals in the U.S. and the U.K. British Journal of White Collar Crime, 1 (1). pp. 3-47. Available from: http://eprints.uwe.ac.uk/25836 18. Ryder, N. (2016) The financial war on terrorism – the topic that we shouldn't forget . In: EU Security Regulation and Financial Crimes, University of Amsterdam, The Netherlands, 21 October 2016. Available from: http://eprints.uwe.ac.uk/29819 19. Ryder, N. (2016) Globalisation and the fear factor of the financial crime compliance regimes . In: 25 World Business Congress of the International Management Business Association, Kingston University, 15-19 June 2016. Available from: http://eprints.uwe.ac.uk/29108 20. Ryder, N. (2015) Market manipulation: Regulatory and enforcement responses in the United Kingdom and United States of America . In: 11th Annual Compliance and Economic Crime Symposium, Jersey, 10 November 2015. Available from: http://eprints.uwe.ac.uk/27374 21. Ryder, N. (2015) Financial regulation: An essential or incidental component in the anti-corruption toolkit? In: International Centre for Parliamentary Studies, London, UK, 21 October 2015. Available from: http://eprints.uwe.ac.uk/27308 22. Ryder, N. (2015) Money laundering and the United Kingdom: A haven for dirty money and an endless cycle? A critical reflection on the United Kingdom's anti-money laundering policies . In: Fraud and Forensics, Gloucester, UK, 15 October 2015. Available from: http://eprints.uwe.ac.uk/27186 23. Ryder, N. (2015) The legal mechanisms to control bribery and corruption . In: Rider, B., ed. (2015) Research Handbook on International Financial Crimes. Cheltenham: Edward Elgar, pp. 381-393. ISBN 9781783475780 Available from: http://eprints.uwe.ac.uk/25807 24. Ryder, N. (2015) The Financial War on Terror: A Review of CounterTerrorist Financing Strategies since 2001 . UK: Routledge. ISBN 9780415640381 Available from: http://eprints.uwe.ac.uk/24469 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 15 25. Ryder, N. (2015) A contemporary review of the relationship between the global financial crisis, financial crime and white collar criminals . In: Centre for European Legal Studies, University Amsterdam, 5 June 2015. Available from: http://eprints.uwe.ac.uk/25675 26. Ryder, N. (2015) Credible deterrence and the financial services industry . In: Financial Services, Integrity and the Right to a Fair Hearing, London, UK, 20 May 2015. Available from: http://eprints.uwe.ac.uk/25573 27. Ryder, N. (2015) The financial war on terrorism: A critical review of the United Kingdom's counter-terrorist financing strategies . In: Asset Stripping: Responses to the Financing of Terrorism and Crime, University of Notre Dame, London, UK, 14-15 May 2015. Available from: http://eprints.uwe.ac.uk/25548 28. Ryder, N. (2015) The financial war on terrorism: A review of counterterrorist financing strategies since 2001 . In: Invited Lecture, Liverpool John Moores, Law School, February 2015. Available from: http://eprints.uwe.ac.uk/25021 29. Ryder, N. (2015) Wales, the land that banks forgot . In: Cross Party Group on Monetary Reform, National Assembly for Wales, Wales, 10 February 2015. Available from: http://eprints.uwe.ac.uk/24977 30. Turksen, U. and Ryder, N. (2015) The fight against fraud: A critical review and comparative analysis of the Labour and Conservative government's antifraud policies in the United Kingdom . Law and Economics Yearly Review, 4 (2). pp. 369-403. ISSN 2050-9014 Available from: http://eprints.uwe.ac.uk/28319 31. Ryder, N., Turksen, U. and Hassler, S. (2014) Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions . Routledge Cavendish. ISBN 9780415706933 Available from: http://eprints.uwe.ac.uk/22561 32. Turksen, U. (2014) Implications of anti-money laundering law for accountancy in the European Union A comparative study . In: Ryder, N., Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 16 Turksen, U. and Hassler, S., eds. (2014) Fighting Financial Crime in the Global Economic Crisis. Routledge, pp. 75-109. ISBN 9780415706933 Available from: http://eprints.uwe.ac.uk/26296 33. Ryder, N. (2014) 'Greed, for lack of a better word, is good. Greed is right. Greed works (Gordon Gekko, Wall Street, 1987)'. A contemporary review of the relationship between the global financial crisis, financial crime and white collar criminals' . In: Inaugural Lecture, UWE, Bristol, October 8 2014. Available from: http://eprints.uwe.ac.uk/24083 34. Ryder, N. and Broomfield, K. (2014) Predatory lending and white collar crime: A critical reflection . International Company and Commercial Law Review (9). pp. 287-293. ISSN 0958-5214 Available from: http://eprints.uwe.ac.uk/23342 35. Ryder, N. (2014) Cyber crime, security and financial crime what SMEs need to know and how to protect yourself . In: Partners in Procurement Supplying the Public Sector, University of the West of England, Bristol, UK, 16 July 2014. Available from: http://eprints.uwe.ac.uk/23297 36. Ryder, N. (2014) 'The global financial crisis and mortgage fraud – the untold story' . Financial Regulation International. pp. 14-16. Available from: http://eprints.uwe.ac.uk/23398 37. Ryder, N. (2014) The financial crisis and white collar crime: The perfect storm? Edward Elgar. ISBN 9781781000991 Available from: http://eprints.uwe.ac.uk/22654 38. Ryder, N. (2014) White collar crime – A serious threat or an inconvenience? In: CISI, University of the West of England, Bristol, UK, 10 April 2014. Available from: http://eprints.uwe.ac.uk/23298 39.Ryder, N. (2014) United States of America ex rel Harry Barko v Halliburton company et al, and Rawlinson and Hunter Trustees SA and others v Akers and another . Lloyds Law Report. pp. 457-459. ISSN 0024-5488 Available from: http://eprints.uwe.ac.uk/23211 40. Ryder, N. and Turksen, U. (2014) Banks in defence of the homeland: Nexus of ethics and suspicious activity reporting . Contemporary Issues in Law Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 17 (Special Issue on Law, Ethics and Counter-Terrorism), 12 (4). ISSN 1357-0374 Available from: http://eprints.uwe.ac.uk/20293 41. Ryder, N. (2014) The good, the bad and the down right ugly. Criminal Lawyer, 221. pp. 5-6. ISSN 0956-7429 Available from: http://eprints.uwe.ac.uk/23639 42. Ryder, N. (2013) R v Jeffries and others . Lloyds Law Reports. pp. 649-651. ISSN 0024-5488 Available from: http://eprints.uwe.ac.uk/22559 43. Ryder, N. (2013) To confiscate or not to confiscate? A comparative analysis of the confiscation of the proceeds of crime legislation in the United States of America and the United Kingdom . Journal of Business Law, 8. pp. 767-798. ISSN 0021-9460 Available from: http://eprints.uwe.ac.uk/20290 44. Ryder, N. (2013) The new criminal offence of reckless misconduct for bankers . The Criminal Lawyer (216). pp. 1-2. ISSN 0956-7429 Available from: http://eprints.uwe.ac.uk/21661 45. Ryder, N. (2013) White collar crime and the global financial crisis; How long will we have to wait for the 'day of reckoning'? Criminal Law News, 57. pp. 5-13. ISSN 17588421 Available from: http://eprints.uwe.ac.uk/20981 46. Ryder, N. (2013) Federation of law societies of Canada v Canada (attorney general) . Lloyds Law Reports. pp. 411-413. ISSN 0024-5488 Available from: http://eprints.uwe.ac.uk/22560 47. Harrison, K. and Ryder, N. (2013) The Law Relating to Financial Crime in the United Kingdom . UK: Ash gate. ISBN 9781409423898 Available from: http://eprints.uwe.ac.uk/20304 48. Ryder, N. (2013) Payday lending and the consumer credit act . Financial Regulation International, Feb. pp. 14-18. ISSN 1473 3323 Available from: http://eprints.uwe.ac.uk/20385 49. Ryder, N., Griffiths, M. and Singh, L. (2012) Commercial law: Principles and policy . Cambridge University Press. ISBN 9780521758024 Available from: http://eprints.uwe.ac.uk/20305 50. Ryder, N. (2012) Money laundering: An endless cycle . Routledge. ISBN 9780415583732 Available from: http://eprints.uwe.ac.uk/19099 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 18 51. Ryder, N. (2011) 'The financial war on terror – A ten year review of counter-terrorist financing strategies . In: Hull Law School, University of Hull, October 2011. Available from: http://eprints.uwe.ac.uk/20459 52. Ryder, N. (2011) 'The development of credit unions in the United Kingdom A critical review of government policies since 1997 . In: Banking seeking the new paradigm, Winchester University, September 28, 2011. Available from: http://eprints.uwe.ac.uk/20458 53.Ryder, N. (2011) Tis the season to (be jolly?) wise-up to online fraudsters: Criminals on the web lurking to scam shoppers this Christmas A critical analysis of the United Kingdom's legislative provisions and policies to tackle online fraud . Information & Communications Technology Law, 20 (1). pp. 3556. ISSN 1360-0834 Available from: http://eprints.uwe.ac.uk/20294 54. Ryder, N. (2011) Finanical Crime in the 21st century: Principles and policies . Cheltenham, UK: Edward Elgar. ISBN 9781848443242 Available from: http://eprints.uwe.ac.uk/16023 55. Ryder, N. (2011) 'Convenient credit and consumer protection A critical review of the responses of Labour and coalition governments', Journal of Social Welfare and Family Law, 33 (1). pp. 85-95. ISSN 0964-9069 Available from: http://eprints.uwe.ac.uk/20295 56. Ryder, N. (2011) 'The fight against illicit finance – A critical review of the Labour government's policy', Journal of Banking Regulation, 12 (3). pp. 252275. ISSN 1745-6452 Available from: http://eprints.uwe.ac.uk/20296 57. Ryder, N. (2011) 'The fight against illicit finance – A critical review of the Labour government's policy '.Guest Lecture, Warwick University, Warwick University, 2011. Available from: http://eprints.uwe.ac.uk/20462 58. Ryder, N. (2011) 'The financial services authority and the bribery act ', Financial Regulation International, Dec. pp. 13-16. Available from: http://eprints.uwe.ac.uk/20386 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 19 59. Ryder, N. and Palmer, A. (2011) 'The economic crime agency', Financial Regulation International, 14 (3). pp. 1-3. Available from: http://eprints.uwe.ac.uk/20387 60. Ryder, N. (2011) 'The United Kingdom anti-fraud policy A critical review', 2nd Annual Welsh Fraud Forum Conference, 2011. Available from: http://eprints.uwe.ac.uk/20461 61. Chambers, C. and Ryder, N. (2010) 'Cyclical De Ja Vue: Emancipation of the FSA and the rise of the Bank of England once more', Financial Regulation International. ISSN 1473-3323 Available from: http://eprints.uwe.ac.uk/14441 62. Chambers, C. and Ryder, N. (2010) 'The Financial Services Act 2010: how will the FSA rise to meet its new challenges?', Financial Regulation International, 13 (3). ISSN 1473-3323 Available from: http://eprints.uwe.ac.uk/14442 63.Ryder, N. (2010) The shaping of credit union development: a critical analysis of the role of legislative frameworks, politics and the economy on credit union growth in the United States of America, the Republic of Ireland and Great Britain, Lambert Academic Publishing. Available from: http://eprints.uwe.ac.uk/13694 64. Ryder, N. (2010) 'To prosecute or not to prosecute ... that is the question', Financial Regulation International, 12 (10). pp. 17-20. ISSN 1473-3323 Available from: http://eprints.uwe.ac.uk/20440 65. Ryder, N. (2010) 'World council of credit unions', in: Tietje, C. and Brouder, A., eds. (2010) Handbook of Transnational Economic Governance Regimes. Brill, pp. 479-488. ISBN 9789004163300 Available from: http://eprints.uwe.ac.uk/13697 66. Ryder, N. (2010) 'Irresponsible lending the Financial Services Authority strikes back!', Financial Regulation International, Dec. pp. 14-16. Available from: http://eprints.uwe.ac.uk/20388 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 20 67. Chambers, C. and Ryder, N. (2010) 'The credit crunch and mortgage fraudtoo little too late? A comparative analysis of the policies adopted in the United States of America and the United Kingdom'. In: Balogh, I. and Kis, S., eds. (2010) Housing, housing costs and mortgages: Trends, impact and prediction. Nova Science Publishers. ISBN 9781607418139 Available from: http://eprints.uwe.ac.uk/14443 68. Ryder, N. (2010) 'The financial services authority and proceeds of crime act -too little too late?', Financial Regulation International, Sept. pp. 8-9. Available from: http://eprints.uwe.ac.uk/20389 69. Ryder, N. and Chambers, C. (2009) 'The credit crunch Are credit unions able to ride out the storm?', Journal of Banking Regulation, 11 (1). pp. 76-86. ISSN 1745-6452 Available from: http://eprints.uwe.ac.uk/20297 70. Ryder, N. and Chambers, C. (2009) 'The credit crunch – are credit unions able to ride out the storm?', Journal of Banking Regulation, 11 (1). pp. 76-86. ISSN 1745-6452 Available from: http://eprints.uwe.ac.uk/8347 71. Ryder, N. and Turksen, U. (2009) 'Islamophobia or an important weapon? An analysis of the US financial war on terrorism', Journal of Banking Regulation, 10 (4). pp. 307-320. ISSN 1745-6452 Available from: http://eprints.uwe.ac.uk/20298 72. Ryder, N. (2009) 'The acquisition directive and the credit crunch – the perfect couple or a match made in hell?', Butterworths Journal of International Banking and Financial Law, 24 (2). pp. 84-86. ISSN 0269-2694 Available from: http://eprints.uwe.ac.uk/20441 73. Ryder, N. (2009) 'The credit crunch the right time for credit unions to strike?', Legal Studies, 29 (1). pp. 75-98. ISSN 02613875 Available from: http://eprints.uwe.ac.uk/13695 74. Chambers, C. and Ryder, N. (2008) 'Funding of credit unions where has all the money gone?', Journal of Social Welfare and Family Law, 30 (3). pp. 243-252. ISSN 0964-9069 Available from: http://eprints.uwe.ac.uk/8354 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 21 75. Ryder, N. (2008) 'An unhappy coupling,' New Law Journal, 158 (7319). p. 609. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20444 76. Ryder, N. and Chambers-Jones, C. (2008) 'Bursting the mortgage bubble ,' New Law Journal, 158 (7326). pp. 882-883. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20443 77. Ryder, N. (2008) ' Credit union legislative frameworks in the United States of America and the United Kingdom – A flexible friend or a step towards the dark side?', Journal of Consumer Policy, 31 (2). pp. 147-166. ISSN 0168-7034 Available from: http://eprints.uwe.ac.uk/20299 78. Ryder, N. (2008) 'The finacial services authority and money laundering A game of cat and mouse ', The Cambridge Law Journal, 67 (3). pp. 635-653. ISSN 0008-1973 Available from: http://eprints.uwe.ac.uk/13696 79. Ryder, N. (2008) 'Hidden money' , New Law Journal, 158 (7348). pp. 3637. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20442 80. Ryder, N. (2007) 'A false sense of security? An analysis of legislative approaches towards the prevention of terrorist finance in the United States and the United Kingdom', Journal of Business Law, Nov. 821 850. ISSN 00219460 Available from: http://eprints.uwe.ac.uk/6473 81 .Ryder, N. (2007) 'Time to act ,' New Law Journal, 157 (7285). p. 1138. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20448 82. Ryder, N. (2007) 'Danger money ,'New Law Journal, 157 (7300). pp. 6-8. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20445 83. Ryder, N. and Harrison, K. (2007) 'Getting tough on fraud ,' New Law Journal, 157 (7299). p. 1684. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20446 84. Ryder, N. (2007) 'Terror funds charities and the funding of terrorism – where does your money go?', New Law Journal, 157 (7289). p. 1305. ISSN 0306-6479 Available from: http://eprints.uwe.ac.uk/20447 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 22 85. Ryder, N. (2005) 'The Labour government and access to affordable credit – more spin than action?', Journal of Social Welfare and Family Law, 27 (3-4). pp. 393-403. ISSN 0964-9069 Available from: http://eprints.uwe.ac.uk/20308 86. Ryder, N. (2005) 'The state of aid available to credit unions ,' The Wales Journal of Law and Policy, 4 (2). pp. 158-172. ISSN 1474-1709 Available from: http://eprints.uwe.ac.uk/20391 87. Ryder, N. (2005) 'The shaping of credit union development: The identification of a typology of factors that have contributed towards credit union growth in the United States of America, the Republic of Ireland and Great Britain ,' Journal of Co-operative Studies, 31 (8). pp. 5-19. ISSN 0961-5784 Available from: http://eprints.uwe.ac.uk/20390 88. Ryder, N. (2003) 'The financial services authority and credit unions – A new era of regulation,' Journal of Financial Regulation and Compliance, 11 (3). pp. 241-249. ISSN 1358-1988 Available from: http://eprints.uwe.ac.uk/20307 89. Ryder, N. (2003) 'Credit unions in the United Kingdom: A critical analysis of their legislative framework and its impact upon their development,' Journal of Business Law, 2003. pp. 45-66. ISSN 0021-9460 Available from: http://eprints.uwe.ac.uk/6447 90. Ryder, N. (2003) 'Credit unions and state intervention – An alternative stance ', Public Management and Policy Association Annual Review, 2 (1). pp. 12-13. Available from: http://eprints.uwe.ac.uk/20449 91. Chambers, C., Ryder, N. and Steward, E. (2002) 'The rise and fall of the Central Services Organisation', Business Law Review, 23 (4). pp. 92-95. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/15518 92. Ryder, N. (2002) 'The financial services authority and credit unions: The final piece of the jigsaw?' Nottingham Law Journal, 11 (2). pp. 17-32. Available from: http://eprints.uwe.ac.uk/20306 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 23 93. Ryder, N. (2002) 'Credit unions and financial exclusion: The odd couple', Journal of Social Welfare and Family Law, 24 (4). pp. 423-434. ISSN 01418033 Available from: http://eprints.uwe.ac.uk/6448 94. Ryder, N. (2001) 'Friend or foe? The FSA and credit unions', Business Law Review, 22 (7). pp. 169-173. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20450 95. Ryder, N. and Doherty, M. (2001) 'The proprieties of reducing a pension fund surplus', Business Law Review, 22 (10). pp. 229-233. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20452 96. Ryder, N. (2001) The reinvention of the post office . Business Law Review, 22 (8/9). pp. 193-197. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20453 97. Ryder, N. (2001) 'Two plus two equals financial education-the financial services authority and consumer education,' The Law Teacher, 35 (2). pp. 216232. ISSN 0306-9400 Available from: http://eprints.uwe.ac.uk/23430 98. Ryder, N. (2000) 'The Financial Services and Markets Act 2000', Business Law Review, 21 (11). pp. 253-256. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20454 99. Ryder, N. (2000) 'The Cruickshank report and bank charges', Business Law Review, 21 (8/9). pp. 198-201. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20455 100. Ryder, N. (1999) 'Fear strikes again', Business Law Review, 20 (8/9). pp. 206-210. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20457 101. Ryder, N. (1999) 'Financial services: Diversity is the key to effective regulation', Business Law Review, 21 (3). pp. 62-65. ISSN 0143-6295 Available from: http://eprints.uwe.ac.uk/20456 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 24 Appendix B-Other writings by Dr K Harrison 1. Harrison K and Ryder N, The Law Relating to Financial Crime in the United Kingdom (Ashgate Publishing, 2013) 2. Harrison K, Dangerousness, Risk and the Governance of Serious Sexual and Violent Offenders (Routledge 2011) 3. Dingwall G and Harrison K, 'Five Perspectives on Punishment' (2014) 13 Special edition of Contemporary Issues in Law 4. Harrison K and Rainey B (eds), The Wiley Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management. (Wiley-Blackwell 2013) 5. Harrison K (ed) Managing high-risk sex offenders in the community: risk management, treatment and social responsibility (Willan 2010) 6. Harrison K, 'Sentencing High-Risk Sex Offenders: policy and legislation' in Francis and Sanders (eds), The Oxford Handbook of Sex Offenders and Sex Offences (OUP Forthcoming) 7.Harrison K and Rainey B, 'Consent, compulsion and sex offenders: An ethical and rights based approach to the treatment and management of sex offenders' in Ashford C, Reed A and Wake N (eds), Consent and Control: Legal Perspectives on State Power (Cambridge Scholars Publishing Forthcoming) 8. Harrison K. (2014) 'Dangerousness and Mental Disorder', in P. Taylor, K. Corteen and S. Morley (eds) A companion to criminal justice, mental health and risk. Bristol: Policy Press. 9. Harrison K. (2013) 'Sentencing Sex Offenders: an international comparison of sentencing policy and legislation' in K. Harrison and B. Rainey (eds) The Wiley Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management. Chichester: Wiley-Blackwell. Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 25 10.Harrison, K. and Rainey, B. (2011) 'Morality and Legality in the use of antiandrogenic pharmacotherapy with sex offenders' in D. Boer et al. (eds) International Perspectives on the Assessment and Treatment of Sexual Offenders. Theory, Practice and Research. Chichester: Wiley-Blackwell. 11. Harrison, K. (2011) 'Sentencing Financial Crime in England and Wales' in N. Ryder (ed) Financial Crime in the 21 st Century – Law and Policy. Cheltenham: Edward Elgar. 12. Gill A and Harrison K, 'Child grooming and sexual exploitation: are South Asian men the UK media's new folk devils?' (2015) 4 International journal for crime, justice and social democracy 34 13. Cowburn M, Gill A and Harrison K, 'Speaking about sexual abuse in British South Asian communities: offenders, victims and the challenges of shame and reintegration' [2014] Journal of Sexual Aggression. 14. Harrison K, 'Mandatory life sentences for serious sex offenders in England and Wales: tough, but intelligent too?' (2014) 20 Journal of Sexual Aggression 296 15. Harrison K, 'Governing Serious Offenders. Recent developments in legislation in England and Wales' (2014) 97 Monatsschrift Fur Kriminologie und Strafrechtsreform 10 16. Rainey B and Harrison K, 'Human Rights and Human Wrongs: a rights based approach to the punishment and treatment of sex offenders' (2014) 13 Contemporary Issues in Law 17. Gill A and Harrison K, 'Sentencing sex offenders in India: Retributive justice versus sex-offender treatment programmes and restorative justice approaches' (2013) 8 International Journal of Criminal Justice Sciences 166 18. Harrison K, 'An overview of the Sentencing Council's Definitive Sexual Offences Guideline', Nota News, No. 70, July/August, 12.' (2014) 70 Nota News 12 19. Harrison K, 'Interview: Rachel Halford' Prison Service Journal 43 20. Harrison K, 'Interview: Phil Copple' (2014) 215 Prison Service Journal 22 21. Harrison K, 'An overview of the Sentencing Council's Definitive Sexual Offences Guideline' (2014) 73 Nota News 12 Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 26 22. Harrison K and Johnstone H, 'Editorial Comment Young People in Custody' (2011) Prison Service Journal 23. Rainey B and Harrison K, 'Criminal record checks and compatibility with human rights update'' (2013) 70 Nota News 12 24. Harrison K, 'Unreported Abuse: the influence of 'Shame' on sexual abuse reporting rates' (Into International University, Malaysia, October 2015) 25. Harrison K, 'Pharmacotherapy: practice, law and ethics' ("Let's talk about sex" in Sexual Offending Research & Practice, Lincoln University, 14th May 2015) 26. Harrison K, 'Barriers to reporting sexual abuse in South Asian communities in England and Wales: An exploratory study' (International University, Malaysia, 18th March 2015) 27. Harrison K, 'Barriers to reporting sexual violence in South Asian communities' (British Criminology Conference, Liverpool, July 11 2014) 28. Harrison K, 'Ethical considerations in the treatment of sexual offenders' (Modern Law Review seminar Consent, compulsion and sex offenders, Northumbria University, March 12 2014) 29. Harrison K, 'Barriers to reporting Child Sexual Exploitation in South Asian communities' (Modern Law Review Seminar Tackling Child Sexual Exploitation: Offences, Offenders and Victims, Lancaster University, December 16 2013) 30. Harrison K, 'Treating Sex Offenders: Legal and Ethical Concerns' (Association for the Treatment of Sexual Abusers (ATSA) 32nd Conference, Chicago, Oct 30 Nov 2, 2013) 31. Harrison K, 'Governing Serious Offenders: recent developments in legislation in the UK' (Max Planck Institute, Freiberg, May 16 2013) 32. Harrison K, 'Anti-libidinal Medication in Managing Sexual Offenders (Keynote speaker)' (New Directions in Sex Offender Practice Conference, Birmingham, October 8 2012) Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 27 33. Harrison K, 'Sentencing Sex Offenders: An international comparison of sentencing policy and legislation' (International Association for the Treatment of Sexual Offenders (IATSO) Conference, Berlin, September 7 2012) ENDS+ Current Criminal Law Volume 9 Issue 4 June 2017 ISSN 1758-8405 28 Printed and published by SALLY RAMAGE ®, Copehale, Coppenhall, Stafford, ST18 9BW, United Kingdom. Registered as a Newspaper at the Post Office. International Copyright Sally Ramage ® 2010. All Rights Reserved. No part of this publication may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some others use of this publication) without the written permission of the copyright holder except in accordance with the provisions of the Copyright, Design and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London, England EC1N 8TS. Application for the copyright owner's written permission to reproduce any part of this publication should be addressed to the publisher. Warning: the doing of an unauthorised act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. ISSN 1758-8413 (CCL-Online).