*/
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.
Chair of the Bar sets out a busy calendar for the rest of the year
Why Virtual Assistants Can Meet the Legal Profession’s Exacting Standards
By Louise Crush of Westgate Wealth Management
Examined by Marie Law, Director of Toxicology at AlphaBiolabs
Time is precious for barristers. Every moment spent chasing paperwork, organising diaries, or managing admin is time taken away from what matters most: preparation, advocacy and your clients. That’s where Eden Assistants step in
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Despite increased awareness, why are AI hallucinations continuing to infiltrate court cases at an alarming rate? Matthew Lee investigates
The proscribing of Palestine Action under the Terrorism Act is an assault on the English language and on civil liberties, argues Paul Harris SC, founder of the Bar Human Rights Committee
Come in with your eyes open, but don’t let fear cloud the prospect. A view from practice by John Dove
Anon Academic explains why he’s leaving the world of English literature for the Bar – after all, the two are not as far apart as they may first seem...
Review by Stephen Cragg KC