Government opens independent review of fraud and disclosure offences

A review of fraud law and whether it ‘keeps pace with the evolving nature’ of the crime has been launched by the Home Office and attorney-general.

Jonathan Fisher KC will chair the review into the investigation and prosecution of fraud with recommendations on how to reform the disclosure regime in cases by summer 2024a, nd wider recommendations of fraud offences by spring 2025.

The last independent review of fraud was in 1986. This review’s recommendations will aim to ‘speed up criminal investigations and prosecute more fraudsters’. There will be a focus on disclosure and the volume and nature digital material subject to disclosure.

‘The review will make it quicker and easier to bring criminal to court, delivering swifter justice to victims’, the government announcement said.

The announcement follows reports that judges in England and Wales have been told to delay the sentencing of convicted criminals currently on bail because prisons are full.

Attorney general Victoria Prentis KC said: ‘A robust and fit-for-purpose disclosure regime is essential for an effective criminal justice system and maintaining public trust. Advances in modern technology have substantially increased digital materials and created significant challenges for prosecutors.

‘It is absolutely right that we review current disclosure practices and the tools available to tackle the scourge of fraud.

‘Jonathan Fisher KC has a wealth of experience in criminal law and economic crime, and we will carefully consider his recommendations on how best to improve current practices and deliver justice for all.’

Fisher said he was delighted to ’lead this important review into the challenges which the investigation and prosecution of fraud currently present’.

Security minister Tom Tugendhat said it was ‘crucial’ that the legal system ‘keeps pace with the evolving nature of crime’.

Home secretary Suella Braverman added: ‘Scammers are highly sophisticated, constantly finding ways to exploit victims and stay ahead of the law. We must not let them succeed.

‘I’ve launched a review into disclosure and fraud offences to ensure that victims cases are dealt with promptly and fraudsters pay a heavy price for the financial and emotional turmoil they cause.’

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