Thursday 15 January 2009

UK: the FSA's power to grant immunity

Yesterday the Coroners and Justice Bill received its first reading in the House of Commons. Amongst many other things, the Bill will provide the Financial Services Authority with the power to grant immunity from prosecution, subject to the consent of the Attorney General: see clause 96 ("Powers in respect of offenders who assist investigations and prosecutions") which will amend section 71 of the Serious Organised Crime and Police Act 2005. The FSA has long demanded this power, which it believes will enable it to secure more prosecutions for offences such as market abuse. Clause 96 also extends the power to the Secretary of State for DBERR acting personally. 

Explanatory notes have been published: see here (HTML) or here (PDF). A related FSA press release is available here

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