FRIDAY, JANUARY 1, 1986
* THE APPOINTMENT OF +CASE CONTROLLERS+ FOR THE CONTROL OF SERIOUS FRAUD CASES FROM DISCOVERY TO VERDICT.
THE COMMITTEE'S REPORT WAS UNANIMOUS, SAVE THAT ONE MEMBER. MR WALTER MERRICKS, DISSENTS ON THREE POINTS, NAMELY THE NEED FOR
AN ALTERNATIVE MODE OF TRIAL FOR COMPLEX FRAUD CASES, THE ABOLITION OF THE RIGHT OF PEREMPTORY CHALLENGE, AND THE USE TO WHICH THE DEFENCE DISCLOSURE DOCUMENT COULD BE PUT DURING THE TRIAL.
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 OBSTRUCTION IST.
DESPITE ALL ITS SHORTCOMINGS, THE COMMITTEE FINDS TRIAL BY JURY AN ACCEPTABLE PROCEDURE FOR THE VAST MAJORITY OF FRAUD CASES. FOR 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,
THE COMMITTEE,