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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.
EVERY
CHANGES ARE REQUIRED IN THE PROCEDURES FOR MOBILISING THE
NECESSARY PROFESSIONAL SKILLS TO ANALYSE COMPLEX CASES.
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
LSUPPORT 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.
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, WITH ONE DISSENTIENT, TOOK THE VIEW THAT THE DEFENDANT'S RIGHT OF PEREMPTORY CHALLENGE OF JURORS IS NOT
NEEDED AND SHOULD BE ABOLISHED IN FRAUD CASES. THE PROSECUTION'S
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