*
*
The prosecution must provide a case statement.
Defendants must disclose the nature of their defence.
Judges must have reading time and secretarial assistance.
6.57
6.45 6.72 6.73 6.82
6.33 6.34
THE TRIAL OF COMPLEX FRAUD CASES
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*
*
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Each year between two and three million people come before 8.21 8.22 8.23 a tribunal of one sort or another composed of a person or
persons who are carefully selected because they have integrity and competence and are able to comprehend the issues.
Each year about thirty thousand people are tried by a jury of twelve persons selected at random without regard to their qualifications or suitability. For example, jurors do not need to be able to read and write.
The fact that a random jury cannot be expected to comprehend the issues is a major contributory cause why some fraud cases are not brought to trial at all or, alternatively, minor charges only are laid. Fraudsters are thus not adequately checked or punished.
The issues in a complex fraud case - as defined by Guidelines - are extremely complicated and technical; the trial may last for many weeks. A random jury is unsuitable for such cases.
7.10 8.21 8.22 8.23
8.12 8.36 8.37
8.25 8.26 8.27 8.28 8.29 8.31 8.32 8.33 8.34 8.35 10.10
8.23 8.39
The Committee, with one dissentient, is satisfied that a fair and just rial in a complex fraud case requires a tribunal the members of which are carefully selected because they have integrity and competence and are able to comprehend the issues.
The tribunal - the "Fraud Trials Tribunal" - should be composed of a judge and two skilled laymen with the appropriate qualities.
8.50 8.51
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The appointment of such a tribunal would in each case require 8.55 the authority of a High Court judge.
RULES OF EVIDENCE
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The present rules prevent, impede and delay fraud trials.
5.1
*
The rules should be revised.
Chapter 5
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The fraud "trial" cannot be pursued overseas.
5.41
*
When needed, evidence on commission should be taken abroad 5.43
for use in a trial in this country.
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