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Fraud: what next?

18 October 2024 / Jonathan Fisher KC
Issue: 8090 / Categories: Opinion , Fraud , Regulatory , Financial services litigation
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With fraud accounting for 40% of all crime in England & Wales, Jonathan Fisher KC sets out how the new government might tackle it

With fraud estimated to be costing the UK around £130bn each year and constituting approximately 40% of crimes committed in England and Wales, the government will be exploring innovative options to address the problem. A new economic crime plan will probably be published by the Home Office in the coming months.

Corporate fraud

The immediate future in the fight against corporate fraud is not difficult to predict. The new corporate ‘failing to prevent fraud’ offence in the Economic Crime and Corporate Transparency Act 2023 will come into force in the coming months, alongside an expansion of corporate criminal liability where a senior manager commits an economic crime offence within the scope of their actual and apparent authority. The change does not replace or amend the common law identification doctrine, but instead provides a new statutory route to corporate liability for specific offences. As these measures are

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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