The second part of a disclosure and fraud offences review will look at incentives for whistleblowers and informants. Jonathan Fisher KC has started work on the second part of his independent review of disclosure and fraud offences. Part 2 of the ‘Fisher Review’ will consider key issues in each stage of the ‘fraud life cycle’ including detection and reporting, investigation, prosecution and offences and courts.

Within reporting, the review will look at ‘the means and methods by which law enforcement agencies can detect and disrupt fraudulent activities. This will include evaluating incentives for criminal fraud networks informants and whistleblowers’.

It will also assess ‘whether criminal courts are equipped to hear complex fraud cases’ and ‘if courts should be able to use more creative punitive measures'. Fisher will also look at if fraud offences and the Fraud Act 2006 ‘can keep pace with modern offending’.

Jonathan Fisher KC

Jonathan Fisher KC

The Serious Fraud Office’s director Nick Ephgrave has suggested looking into paying whistleblowers since stepping into the role. Commenting on the review, the SFO said: ‘Supporting whistleblowers to come forward has the potential to speed up our cases, bring in more money for the taxpayer and deliver justice for victims more effectively. We look forward to engaging with the review team to present our case for reform.’

Attorney general Lord Hermer KC said: ‘Fraud is one of the most pernicious crimes. The criminals driving these schemes are using ever more sophisticated tactics to scam their victims. It is crucial that our criminal justice system keeps pace.’

Fisher added: ‘This review aims to scrutinise the main challenges in detecting, investigating, and prosecuting fraud offences, and what can be done to better equip law enforcement to deliver swifter justice for victims. I am greatly appreciative of the criminal justice system-wide engagement since the launch of this independent review and for the continued encouragement as I turn my focus to examine fraud offences.’

Recommendations from the second stage of the review, which follows the publication of Disclosure in the Digital Age earlier this year, are expected in December.