*/
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.
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q and A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
The appointments of 96 new King’s Counsel (also known as silk) are announced today
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB