SUMMARY OF REPORT
The Committee's terms of reference relate to fraud in
general, but the main emphasis of the Committee's findings is concerned
with large scale or complex fraud cases. In many instances the reforms
proposed could be argued to be of benefit to a wider range of criminal
cases. This is a question for others to consider.
Changes are required in the procedures for mobilising the
necessary professional skills to analyse complex cases. Every complex
fraud case should have a "Case Controller" to control the case from
discovery through to the verdict. Expanded investigatory resources will
be required, and earlier intervention by leading counsel working with the
Case Controller is also essential.
Pending the Government's decision on the 1981
recommendation of the Royal Commission on Criminal Procedure to
abolish committal proceedings, the Committee recommends as an interim
measure an alternative procedure designed to bring serious fraud cases
more quickly to the Crown Court. It proposes the nomination of the trial
judge at an early stage. The judge should be empowered to discharge the
defendant at a preparatory hearing on the ground that prima facie the
evidence does not support the charges in the indictment. Pre-trial reviews must be made effective and given "teeth". An obligation should
be placed upon the defence to reveal the nature of the defence case once
the prosecution case is disclosed. The remuneration arrangements for
counsel must reflect adequately the importance of preparatory work.
Substantial revision of the rules of evidence is required in
order to deal with the international criminal and the deliberate
obstructionist.
For
Despite all its shortcomings, the Committee finds trial by jury an acceptable procedure for the vast majority of fraud cases. complex fraud cases falling within certain Guidelines, the Committee believes, with one dissentient, that a different type of tribunal is required (the "Fraud Trials Tribunal"), consisting of a judge and two skilled lay
members.
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