Independent Review of Disclosure and Fraud Offences launched

As chair of the review process, Jonathan Fisher KC will draw upon his considerable experience as a leading lawyer on financial crime.  

The review will ensure that the criminal justice system keeps pace with the evolving nature of fraud and online crime. Fraud and complex crimes generate masses of digital material, placing a strain on investigations and increasing the time it takes to bring cases to court. By addressing the volume and nature of material subject to disclosure and looking at international Best Practice, the review will make it quicker and easier to bring criminals to court, in turn delivering swifter justice for victims.

Punishment for fraud offences will also be reviewed to assess whether the penalties reflect the severity of the crime and the devastating impact it has on lives and livelihoods. The need for a new fraud-specific civil power will also be considered in a bid to further disrupt fraudsters.

Heavy price

Home Secretary Suella Braverman stated: “Scammers are highly sophisticated, constantly finding ways in which to exploit victims and stay ahead of the law. We must not let them succeed.”

Braverman continued: “I’ve launched a review into disclosure and fraud offences to ensure that victims cases are dealt with promptly and also that fraudsters pay a heavy price for the financial and emotional turmoil they cause. I’m grateful to Jonathan for undertaking this vital piece of work and look forward to his findings.”

Security Minister Tom Tugendhat added: “It’s crucial that our legal system keeps pace with the evolving nature of crime. By reviewing the disclosure process to speed up investigations and making sure the penalties for fraud match the severity of its impact on victims, we’re sending a clear message to crooks that their crimes will not go unpunished.”

Attorney General Victoria Prentis KC MP explained: “A robust and fit-for-purpose disclosure regime is essential for an effective criminal justice system and maintaining public trust. Advances in modern technology have substantially increased digital materials and created significant challenges for prosecutors.   

It’s absolutely right that we review current disclosure practices and the tools available to tackle the scourge of fraud. For his part, Jonathan Fisher KC has a wealth of experience in criminal law and economic crime, and we will carefully consider his recommendations on how best to improve current practices and deliver justice for all.”

Deeply corrosive

Jonathan Fisher KC said: “Fraudulent activity is deeply corrosive. It undermines the economy and, as well as damaging the financial interests of its victims, it destroys individual trust and public confidence.”   

Further, Fisher outlined: “I’m delighted to have been asked to lead this important review into the challenges which the investigation and prosecution of fraud currently present. The launch of the independent review into the investigation and prosecution of fraud marks the delivery of a key commitment in the Fraud Strategy. Published in May, the Fraud Strategy sets out a ‘whole system’-style response to tackling fraud in terms of how this criminality has evolved through modern technology.”

Other pledges delivered by the Home Office: 

*a consultation to ban scam cold calls on financial products has been completed and the findings will be published in 2024  

*a consultation on banning SIM Farms, which enable scammers to reach thousands of people at once, has also concluded and the Government is considering next steps (a response to the consultation will be issued shortly)

*a rapid review of mass texting services has concluded

Jonathan Fisher KC will report back to the Government with recommendations concerning how to reform the disclosure regime in the Summer of 2024, with wider recommendations on fraud offences to be delivered by the Spring of 2025.