CPS AND SFO WELCOME FRAUD OFFENCE RECOMMENDATION
Effective prosecution of various forms of fraud will become easier in future if the Government accepts a recommendation by the Law Commission to create a single general fraud offence.
This is the view of the Director of Public Prosecutions, Sir David Calvert-Smith QC and the Director of the Serious Fraud Office, Ros Wright. They welcomed publication of the Law Commission's report on fraud, which the Lord Chancellor presented to Parliament today.
Sir David said: "The current legislation concerning fraud is due for an overhaul. It is unnecessarily complicated and needs to take account of developments in technology. The creation of a single, comprehensive definition of criminal fraud will make it both easier to prosecute appropriate cases, and for juries to evaluate allegations and the relevant issues."
Mrs Wright said: "We welcome the Law Commission's recommendations on a single offence of fraud based on dishonesty. As technology advances, so do the means of committing fraud and the law needs to keep pace. A flexible offence which will permit the prosecutor to demonstrate the dishonesty alleged, no matter how sophisticated the business transactions involved, will make it easier to present the case and ultimately better serve the needs of justice".
NOTES FOR EDITORS
1. For media enquiries relating to the CPS please contact Jane Holman, CPS Press Office, 020 7796 8106. For media enquiries relating to the SFO please contact David Jones 020 7239 7001. For media enquiries relating to the legislation, please contact the Home Office press office on 7273 4545.
2. The Home Secretary asked the Law Commission in 1998 to "examine the law on fraud, and in particular to consider whether it is readily comprehensible to juries; is adequate for effective prosecution; is fair to potential defendants; meets the need of developing technology including electronic means of transfer; and to make recommendations to improve the law in these respects. In making these recommendations, to consider whether a general offence of fraud would improve the criminal law."
