Rollins, Regina v: SC 28 Jul 2010

The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act.
Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of the sections of the 2000 Act did not work as a complete code setting out its powers. The Authority’s powers were set out out in its memorandum and articles and these include general powers of litigation: ‘the FSA has always been able to bring any prosecution subject to statutory restrictions and conditions and provided that it is permitted to do so by its memorandum and articles of association.’

Lord Saville, Lord Rodger, Lord Brown, Lord Judge, Lord Kerr, Lord Clarke, Sir John Dyson SCJ
[2010] UKSC 39, [2010] WLR (D) 210, [2010] Lloyd’s Rep FC 585, [2010] Bus LR 1529, [2010] 1 WLR 1922
Bailii, WLRD, SC, SC Summary, Bailii Summary
Proceeds of Crime Act 2002 327 328, Financial Services and Markets Act 2000 401 402
England and Wales
CitedGouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Appeal fromRollins, Regina v CACD 9-Oct-2009
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to . .
CitedJones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
CitedBroadmoor Hospital Authority and Another v Robinson CA 20-Dec-1999
Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain . .
CitedRegina v Criminal Cases Review Commission, ex parte Hunt CA 24-Nov-2000
The Commissioners of the Inland Revenue did have power to conduct a prosecution at the Crown Court without first obtaining the consent of the Attorney General, even though it was a police officer had actually laid the charge. A prosecution was . .
CitedUberoi and Another, Regina (on the Application of) v City of Westminster Magistrates’ Court and others Admn 2-Dec-2008
Section 402(1)(a) of the 1993 Act has the effect of allowing the Financial Services Authority to bring proceedings for an offence of insider dealing under Part V without first obtaining the consent of the Secrretary of Sate or the DPP.
Sir . .
CitedWestminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .

Cited by:
CitedVirgin Media Ltd, Regina (on The Application of) v Zinga CACD 24-Jan-2014
Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Financial Services

Leading Case

Updated: 01 November 2021; Ref: scu.421097