Conference & Seminar Calendar

7th July – 13:30 – 16:00

@ £200 per delegate

Covert Policing and Legally Privileged Material: resolving the tensions between R v Grant and re McE

In 2003 the Court of Appeal approved first instance decisions staying indictments of serious offences on the grounds that the police had deliberately listened to privileged conversations in breach of the Regulation of Investigatory Powers Act 2000. The decision and the related cases sent shock waves though the criminal justice system. However, the House of Lords recently revisited the subject in the case of re McE, an appeal from the court of appeal in Northern Ireland. The majority of the House of Lords expressed the view that it would be permissible in certain circumstances to deliberately acquire privileged material as part of a covert investigation.

The decision raises more questions than in answers:-

• How is it distinguished from R v Grant?
• What is the criteria for launching a covert policing operation where privileged material is deliberately acquired?
• What are the practical considerations?
• How can Forces conduct such operations and what can they do with the material acquired?

McKay Law has put together a short seminar in an effort to attempt to answer some of these questions. The presentation will examine critically the decisions of Grant and McE, review the law relating to legal professional privilege and identify the practical issues arising out of the judgement.

This seminar is essential for investigators of all ranks, managers, covert policing and intelligence units as well as legal advisors and operational security advisors. You should attend this seminar because:-

1. There is a critical need to understand what is and what is not privileged material.

2. Acquiring privileged material improperly may still have a catastrophic outcome on the effect of the case which could lead to internal and external investigation, sanctions by the court and, potentially, disciplinary proceedings.

3. The lawful acquisition of legally privileged material may represent extremely valuable intelligence that could assist not just your investigation but be capable of informing other investigations that your organisation or others may be engaged in.

The seminar is delivered by Simon McKay, Solicitor Advocate and a nationally recognised expert in Covert Policing law. Simon is the author of the forthcoming book Covert Policing Law and Practice, published by Oxford University Press.

The seminar is two and a half hours long and places cost £200 + VAT per delegate (discounts may apply to multiple bookings and forces who a hold a subscription with us will receive their usual discount). Places on this seminar will be limited so please book early to avoid disappointment.

Leeds

8 July – 09:00 – 16:30

@ £295 per delegate

Threats to Life Witness Protection Training Day

McKay Law Solicitors & Advocates are leading specialists in covert policing and witness protection. At the request of delegates who have attended our conferences, we have put together a day of training on the subject of witness protection. Failing to get a threat to life strategy correct can have catastrophic implications for those affected as well as officers and organisations. This event will cover four key areas affecting this area, including theory and practical issues and will examine the four recent House of Lords decisions affecting Article 2 in the context of protecting life. The training is delivered by Simon McKay, a nationally recognised expert in this field and who advises a number of police forces and other public authorities on the subject.

This event has been prepared for witness protection and protective services units as well as those who have managerial oversight for them.

You should attend this event because:

It will bring you or your officers fully up to speed with the law governing this area;

It will equip you to take a methodological approach to your decision making in cases where a threat to life arises;

It will improve your understanding of the law of intelligence, what you can, can’t and must do with it;

It will explain the terms “real and immediate” the essential ingredients of any legally compliant witness protection strategy;

It will provide assistance and guidance in terms of implementing policy and best practice

Simon McKay is a solicitor advocate. He is the author of Covert Policing Law & Practice and editor of Covert Policing Review and one of the Attorney General’s special advocates in terrorist cases.

Leeds

14th, 15th July

Investigating & Prosecuting Child Protection in Sport cases.

Training Seminars

Child protection in sport is the most controversial and potentially damaging disciplinary issue that national regulatory bodies have to confront. The resources of organisations do not always allow for legal representation even where the accused person is represented by solicitors and barristers. Disciplinary officers need to be equipped to understand legal principles and present cases in a way that is legally compliant, meets the requirements of fairness and fundamentally ensures that those who represent a risk to children are properly disciplined and sanctioned.

McKay Law Solicitors & Advocates is a name synonymous with the prosecution of child protection offences within sport. We have put together a three stage training programme for disciplinary officers dealing with these issues. Broken into core stages of theory, procedure and practice, these training seminars will assist disciplinary officers in:

knowing when to prosecute or not;

understanding the principles of natural justice;

understanding the standard of proof;

getting access to police evidence;

drafting charges;

preparing the case for trial;

presenting the case;

examining in chief and cross examining;

delivering closing speeches;

the role of the Protection of Children Act 1999

Delivered over three half days this training will prepare regulatory bodies to deal with child protection disciplinary offences effectively, efficiently and fairly and minimise their reliance on external legal advice.

To receive the full programmes, please register with Catherine Hill.

Leeds

16th July

Covert Human Intelligence Sources: Training Day

London

McKay Law Solicitors & Advocates are recognised as experts in the covert policing arena and have put together a day’s training for those investigators, legal advisers and managers working in the difficult and complex area of Covert Human Intelligence Sources. This day’s input will include practical based training on a range of subjects relevant to the issues that Sources give rise to. The training provides a framework for officers who are concerned with deciding whether a Source needs to be authorised and many of the key operational judgments that have to be confronted daily by those working in this challenging area. Attendees on this event will be fully updated on the law and recent cases in this area, understand the implications of the new draft Code of Practice and be equipped to handle operational and post-arrest issues more confidently and comprehensively.

0930 – 1000      Arrival and registration
1000 – 1110      The context: defining the CHIS, decision-making and authorisation
1110 – 1130      Coffee break
1130 – 1230      Deploying Part 1: test-purchase cases and avoiding allegations of entrapment
1230 – 1330      Lunch
1330 – 1430      Deploying Part 2: Cell confessions, privilege and other issues
1430 – 1515      Welfare, duty of care issues and juveniles
1515 – 1530      Tea break
1530 – 1630      Trial issues: disclosure and Sources

You should attend this event because:

It will fully update you with the law governing this area, including recent decisions in the House of Lords and the European Court of Human Rights

It will equip you to make decisions that will be less vulnerable to legal challenge by the defence;

It will bring you up to speed with the new draft Code of Practice and all relevant case law;

It will give you practical guidance to take back to your organisation and improve best practice;

It will ensure that you are aware of the disclosure obligations arising out the use of CHIS and assist you with handling issues post-charge

The speaker is Simon McKay, Solicitor Advocate and a nationally recognised expert in covert policing, whose book Covert Policing Law and Practice is due to be published in autumn 2009. Simon has advised in a wide range of cases involving Sources and advised numerous police forces, government departments and public authorities on the issues arising from their use and conduct. Simon is editor of Covert Policing Review and one of the Attorney General’s Special Advocates in Terrorist Cases.  

7 September – 13:30 – 16:00

@ £195 per delegate

The use of Lethal & Non Lethal Force Seminar

Following the announcement that TASER will be rolled out as a national police resource to some 30,000 specially trained officers, huge legal implications follow. The United Nations have recently concluded for example that TASER can amount to a form of torture, so Article 3 of the ECHR may be engaged and where death results from the use of TASER technology, Article 2 is likely to apply. What are the legal implications from its use? The ACPO Manual of the use of firearms places responsibility for understanding domestic and European law on the individual officers. Do you or your officers feel comfortable answering questions in post incident inquiries of whatever kind on the state of your knowledge at the material time?

McKay Law has put together a short seminar to review the law in this crucial area of policing. It will look at both the domestic framework after the decision in Ashley by the House of Lords earlier this year and European jurisprudence. The seminar will be presented by Simon McKay, Solicitor Advocate who has vast experience of the law concerning the use of lethal force and who acted for Private Lee Clegg, the paratrooper cleared in 2000 of murdering two teenagers in a shooting incident whilst of duty in West Belfast.

This event is an essential contribution to developing officers and managers working with lethal and TASER resources and a must attend.

As a seminar, the number of places is limited and they will be allocated on a “first come first served basis”. This seminar can also be brought to Forces as an in-house training event

Leeds

9 September – 09:00 – 16:30

@ £325 per delegate

Annual Disclosure Conference

Whether its allegations of material non-disclosure or attempting to walk the minefield of handling the implications of disclosing intelligence, the issue is one of the most critical facing law enforcement agencies on a daily basis. A failure to handle disclosure properly has potentially catastrophic consequences for the outcome of the prosecution, the individual officers involved and the organisation. In order to meet the demands of this important subject, McKay Law Solicitors & Advocates have put together a day of informative and highly topical presentations about the issue. Ranging from the role of special advocates through to the implications of losing or destroying evidence or material that ought to have been disclosed this conference will be a thought-provoking and essential day of training for law enforcement officers of all ranks, prosecutors and force solicitors.

You should attend this event because:-

It will ensure that you are brought fully up to speed with the current law and recent cases and developments;

It will alert you to the procedural aspects of key practical policing issues in the area of disclosure, such as, public interest immunity and third party disclosure;

You will be equipped to understand the implications of handling intelligence as a disclosure issue;

You will be able to identify areas of best practice and take this back to your organisation; and

It will assist you get a defence perspective on the issue of disclosure.

 McKay Law Solicitors & Advocates are leading providers of training to police and public authorities. Feedback from our previous events has included, “very informative and useful event detailing a number of complex areas of law with practical explanations”, “excellent, excellent, excellent”, “speakers – exceptional” and “thought-provoking”.

London

15th September – Afternoon ½ day seminar

@ £125 per delegate

Threats to Life after Van Colle – ½ Day Seminar

Handling, managing and dealing with theats to life so as to discharge your obligations under Article 2 of the ECHR

Leeds

23 September – 09:00 – 16:30

@ £325 per delegate

Rape & Sexual Assault Conference

Rape conviction rates in the United Kingdom remain woefully inadequate. Whilst there are a number of central and local initiatives to try and improve the situation that engage law enforcement, the CPS and victims charities, their remains systemic problems in the way that rape and sexual assault cases are investigated and prosecuted. In addition, there are serious concerns about the duty of care towards complainants, particularly in the aftermath of cases like John Warboys and Kirk Reid. There are, quite simply more questions than answers. In response to this McKay Law Solicitors and Advocates have convened a conference examining the most central questions, where the problems lie, how they can be addressed and what the future holds for rape and sexual assault investigations and prosecutions in the United Kingdom.

This day will include a number of presentations from experts in this field including the judiciary, government, the police service and legal profession and will grapple with the current state of the law, the prosecutorial process and how things may be improved in the future.

This event is essential for ACPO ranks, senior managers, detectives of all ranks, rape, sexual assault Child Protection Units and prosecutors and legal professionals.

You should attend this event because:-

1. It will represent an authoritative perspective on the current law and the future of legislation governing this area.
2. It will identify proposals for best practice and for evolving policy within your organisation
3. It will examine the pit falls of previous cases and the lessons that can be learnt
4. It will provide an insight into victim’s perspectives that can inform operational and investigative practice.
5. It will provide a number of practical pointers to equip your organisation to provide a better service to victims of rape and sexual assault

McKay Law are leading providers for specialist training to police and public authorities. Previous feedback has included “very informative and useful event detailing a number of complex areas of law with practical explanations”, “speakers – exceptional” and “varied content, thought provoking, excellent updates on recent changes on law”.

This is likely to be an extremely popular event and delegates interested in attending should book early to avoid disappointment

London

OCTOBER

13 October – 13:00 – 16:00

@ £125 per delegate

Defining Covert Human Intelligence Sources

This seminar aims to provide delegates with a very practical workshop to assist in defining this complex creature of statute.

Outlining a suggested framework for resolving when the use and conduct of Sources arises, it will then consider domestic decisions touching on this area as well as cases from the European Court of Human Rights. 

A number of practical examples will the be looked at.

This seminar is aimed at officers of all ranks and experience and has the following objectives:

- familiarization with section 26 RIPA and related provisions

- guidance for approaching the determination of when use and conduct is engaged

- Analysis of recent cases

- the role Strasbourg case law and from other jurisdictions

- evolving practical solutions to difficult operational decisions.

 The speaker is Simon McKay, solicitor advocate and author of covert policing law and practice (OUP) 2009

Leeds

14 October – 09:00 – 16:30

@ £325 per delegate

Corporate Manslaughter Conference

The Act a year on: a review of prosecutions, convictions and acquittals.

The Custody Provisions: an update;

HSE: evolving policy and partnerships;

Risk management, internal policy and human rights compliance;

Child Protection: how exempt are Social Services for catastrophic failures to protect

Leeds

20 October – Afternoon ½ day seminar

@ £125 per delegate

Entrapment Seminar

How to run a successful sting operation without breaching the legal principles

London

21 October – 09:00 – 16:30

@ £325 per delegate

Annual Deaths in Custody Conference

The Independent Police Complaints Commission has recently published its report into the state of police custody and has made a large number of recommendations. The Police Federation responded by asserting that investigations into deaths in custody were ruining officers’ lives. McKay Law has confronted the tensions arising out of the report and put together a day of stimulating, relevant and authoritative lectures.

London

28 October – 13:30 – 16:00

@ £195 per delegate

Managing Intelligence in the Witness Box: a training seminar for law enforcement officers

Police officers and other investigators are increasingly required to give evidence that touches on various sources of intelligence. Much if this will be redacted and/or the subject of a public interest immunity ruling. But officers may be, indeed, are likely to be cross examined in the witness box about the sources and evaluation of the intelligence relied upon. Finding an effective way of doing this and presenting the evidence cogently and clearly is extremely challenging and the defence are often capable of making significant inroads into what would otherwise be persuasive evidence. Officers feel uncomfortable about providing testimony where they are not fully sighted about the source of the intelligence or where they know an inadvertent disclosure could amount to an offence and have a consequent and catastrophic effect on the outcome of any criminal trial.

McKay Solicitors have evolved a short seminar to provide officers with some familiarisation and practical tips for giving evidence effectively in such circumstances. The seminar can be arranged as an in house event but is also taking place in Leeds and London on two different dates during the course of 2009.

The issues covered by this seminar include:-

1. Developing and using “working witness statements” to deal with redactions and the evaluation of intelligence;

2. Sources of intelligence and the legal implications governing their use;

3. Evaluating intelligence effectively;

4. Preparing for and presenting your evidence at trial

This seminar will be delivered by Simon McKay, Solicitor Advocate and Attorney General’s Special Advocate who has extensive experience of dealing with intelligence in the court room.

This training has been devised for officers of all ranks involved in investigations where they are either required to give evidence subsequently about the nature of the intelligence obtained during the course of their investigations. Contact us if you would like the seminar delivered as an in house event or otherwise book delegate places via the Leeds office on 0845 123 5571 or by contacting Catherine.hill@mckaylaw.co.uk.

Leeds

NOVEMBER

4 November – 09:00 – 16:30

@ £325 per delegate

Human Trafficking Conference

Tackling human trafficking in the United Kingdom is an understandable government priority. There are at least 4000 women who have been brought into this country and forced to work as prostitutes and the Untied Nations describes trafficking as a form of slavery. This year the United Kingdom implemented the Council of Europe Convention against Trafficking in Human Beings and government funding has doubled for the UK Human Trafficking Centre. The former Home Secretary Jacqui Smith described the offence as “one of the most horrendous crimes threatening our society”.

The offence raises a number of issues and McKay Law Solicitors and Advocates have put together a conference to explore and develop thinking about some of these. With presentations on the Convention, Home Office Policy and the Role and Use of Covert Human Intelligence Sources, this event is an essential conference for those officers, managers and legal advisors affected by the complex and important area of work.

The day will bring together leading experts and commentators in this field to present a range of papers on the most topical and relevant subject areas. This event should be attended by ACPO ranks, managers, investigators of all ranks, legal advisors, prosecutors, representatives from the Home Office, Foreign and Commonwealth Office, SOCA, Social Services and the UK Border and Immigration Services.

You should attend this event because:-

1. The nature, seriousness and prevalence of this kind of offence is an increasing challenge on public authorities;
2. To meet this and develop thinking best practice is essential;
3. Understanding the Council of Europe Convention against Trafficking of Human Beings is a basic requirement of every public authority with the remit to tackle human trafficking and a failure to do so could have catastrophic implications;
4. A number of operational resources can be deployed and it is essential that officers understand the legal framework and implications of using them;
5. There is likely to be a requirement to be able to demonstrate your organisation is taking action in response to human trafficking as a priority.

This conference includes presentations from some of the country’s leading experts and will be hosted in central London. Previous feedback from our events has included “very enlightening”, “first class speakers, first class conferences”, “very informative and useful event detailing a number of complex areas of law with practical explanations” and “very content, thought provoking, excellent updates on recent changes on law”

London

17 November – 13:00 – 16:00

@ £125 per delegate

Disclosure & Human Sources

The use and conduct of Covert Human Intelligence Sources is common place but since the introduction of the Regulation of Investigatory Powers Act 2000 a number of cases have given rise to disclosure-related issues. Some Sources are prepared to exploit their status in order to attempt to justify their own criminality, allege that their lives are at risk from being exposed as informants or attempt to frustrate due process by muddying the waters with regard to the police and prosecution disclosure obligations. Participation in criminality causes other issues and problems and since cases like R v Dawson [2007] the law has created a helpful regime of disclosure arising from long-term infiltrations or deployments. Issues of the acquisition of legal professional privilege can also arise.

This seminar aims to provide an understanding of the current legal framework and some of the practical principles arising. It is presented by Simon McKay, Solicitor Advocate, Attorney General’s Special Advocate and author of Covert Policing Law & Practice (OUP, 2009).

This seminar is essential for:

Disclosure Officers;
CHIS handlers and managers;
Officers required to prepare use and conduct authorisations;
Supervisors;
Authorising Officers;
Gate Keepers;
SPOCs;
Legal Advisers CPS

Manchester

18 November – 09:00 – 16:30

@ £325 per delegate

RIPA Conference

Details to come, please register with Catherine Hill for information.

Manchester

24, 25 November

Investigating & Prosecuting Child Protection in Sport cases.

Training Seminars

Child protection in sport is the most controversial and potentially damaging disciplinary issue that national regulatory bodies have to confront. The resources of organisations do not always allow for legal representation even where the accused person is represented by solicitors and barristers. Disciplinary officers need to be equipped to understand legal principles and present cases in a way that is legally compliant, meets the requirements of fairness and fundamentally ensures that those who represent a risk to children are properly disciplined and sanctioned.

McKay Law Solicitors & Advocates is a name synonymous with the prosecution of child protection offences within sport. We have put together a three stage training programme for disciplinary officers dealing with these issues. Broken into core stages of theory, procedure and practice, these training seminars will assist disciplinary officers in:

knowing when to prosecute or not;
understanding the principles of natural justice;
understanding the standard of proof;
getting access to police evidence;
drafting charges;
preparing the case for trial;
presenting the case;
examining in chief and cross examining;
delivering closing speeches;
the role of the Protection of Children Act 1999

Delivered over three half days this training will prepare regulatory bodies to deal with child protection disciplinary offences effectively, efficiently and fairly and minimise their reliance on external legal advice.

To receive the full programmes, please register with Catherine Hill.

Leeds

2nd December – 09:00 – 16:30

@ £325 per delegate

Murder Conference

Murder is of course the most serious offence in the criminal calendar. Around 75% of murder investigation complete successfully, relatively quickly and with the allocation of reasonably limited resources. The remaining cases often find themselves under the media spot light and involve achieving a delicate balance between raising the case’s profile whilst ensuring that the investigations, particularly those of a covert nature are not undermined. Over the last year or so certain issues have come into sharp focus such as the review of cold cases, the controversy surrounding DNA evidence and the role of covert policing and intelligence in the investigation and prevention of homicide. In its second murder conference, McKay Law Solicitors and Advocates have put together a day of interesting and thought provoking presentations analysing these issues and others to develop thinking and a best practice. The conference will include presentations from the judiciary, senior academics and practicing lawyers in core areas including behavioural science and psychological profiling, handling witness issues and managing intelligence led investigations.

Feedback from our previous conferences has included “…very worth while and interesting day, all of the speakers were very good and imparted excellent knowledge”, “excellent conference pitched at exactly the right level. I have learnt a great deal and feel in a better place to fulfil my role” and “extremely interesting input on legalisation and its impact on my field of work. Excellent speakers and venue”.

High profile speakers include Rav Wilding of BBC Crimewatch and Prof Barclay, special advisor to BBC’s Waking the Dead.

This conference will equip delegates with current law, innovative approaches to investigations as well as practical guidance arising out of the conduct of complex controversial homicide investigations.

This conference is essential for investigators of all ranks, managers, ACPO, Intelligence Units, legal advisers and operational security advisors as well as prosecutors and other investigators.

You should attend this conference because:-

1. It will ensure you are better prepared to conduct and/oversee murder investigations;

2. You will be better able to consider and manage the media issues that may arise out of your investigation;

3. It will bring you fully up to speed with the law governing homicide, the gathering the use of intelligence as well as handling witness issues, such as anonymity and screening

The day will be chaired by a current affairs journalist covering the investigation of crime issues and promises to be unmissable and fascinating day.

Lincoln

The Use of Lethal & Non Lethal Force

Threats to Life/Van Colle Seminar

Defining Covert Human Intelligence Sources

Completing RIPA Forms

Disclosure & Human Sources

Witness Anonymity

Privacy & Private Information

Adopting a methodical approach to covert policing operations

Understanding proportionality

Entrapment

Defining the line between intelligence & evidence

Basic and advanced RIPA 2000 for Police and Public Authorities