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Fraud cases should be heard by a single combined court with a judge who deals with the civil and criminal aspects, a former senior prosecutor suggested.
In a speech, Economic crime: a new one-stop shop, Alison Levitt QC, now a partner at law firm Mishcon de Reya, told the Cambridge Economic Crime Symposium in September that there needed to be a ‘totally new legal approach’ to economic crime with a new branch of the court system – the Combined Fraud Court – to deal with it.
The one-stop shop, she said, would combine the civil and criminal systems in a single trial, so it would be quicker and cheaper, and mean victims only giving evidence once.
A specially qualified fraud judge would hear a single trial, using aspects of civil and criminal law, Levitt explained.
At the end of the trial, the judge would ask whether the jury is satisfied to the criminal standard that the defendant is guilty.
If so, the judge would go on to deal with sentencing, assessing and awarding damages, confiscating assets which represent the proceeds of the defendant’s crimes, and awarding costs.
If the jury is not sure of guilt, they are dismissed and the judge reverts to the civil procedure to determine the issue on the balance of probabilities.
Fraud cases should be heard by a single combined court with a judge who deals with the civil and criminal aspects, a former senior prosecutor suggested.
In a speech, Economic crime: a new one-stop shop, Alison Levitt QC, now a partner at law firm Mishcon de Reya, told the Cambridge Economic Crime Symposium in September that there needed to be a ‘totally new legal approach’ to economic crime with a new branch of the court system – the Combined Fraud Court – to deal with it.
The one-stop shop, she said, would combine the civil and criminal systems in a single trial, so it would be quicker and cheaper, and mean victims only giving evidence once.
A specially qualified fraud judge would hear a single trial, using aspects of civil and criminal law, Levitt explained.
At the end of the trial, the judge would ask whether the jury is satisfied to the criminal standard that the defendant is guilty.
If so, the judge would go on to deal with sentencing, assessing and awarding damages, confiscating assets which represent the proceeds of the defendant’s crimes, and awarding costs.
If the jury is not sure of guilt, they are dismissed and the judge reverts to the civil procedure to determine the issue on the balance of probabilities.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
