Serious Fraud, Investigation and Trial 5th ed

Containing comprehensive coverage of recent changes and new legislation, the book explains clearly and succinctly the rules applicable to fraud cases, examining the means open to the prosecutor, defendant and judge in preparatory hearings to ensure a fraud trial is more manageable. The title covers the sentencing options open to the court, providing a comprehensive selection of important statutes, statutory instruments and practice directions.

What's New:

The new edition includes the updates in:

• Bribery Act 2010
• Criminal Finances Act 2017
• Crime (Overseas Production Orders) Act 2019
• Attorney General’s Revised Guidelines on Disclosure 2022
• CPS Disclosure Manual 2022
• Updates Codes of Practice under PACE 1984
• DPA Code of Practice
• Aquila Advisory Ltd v Faichney & Others (Crown Prosecution Service intervening) [2021] UKSC 49 concerning the limits of the confiscation regime
• R v Luckhurst [2022] UKSC 23 concerning the inter-relationship between criminal and civil regimes
• R v Andrewes [2022] about proportionality in the confiscation regime
• R (KBR) v DSFO [2021] UKSC 2 concerning limits on the SFO’s ability to compel the production of documents
• R v Byrne and others [2021] EWCA Crim 107 about the impact of the discrediting of an expert witness
• R v Hunter [2021] EWCA Crim concerning running a business for a fraudulent purpose

table of content

1. Criminal Fraud: An Overview

 

2. Fraud Investigators and Proscutors

 

3. The Investigation of Suspected Criminal Fraud

 

4. The Common Aspects of Criminal Faud Offences

 

5. Fraud Offences

 

6. The Alternatives to the Prosecution of Criminal Fraud

 

7. The Prosecution of Criminal Fraud

 

8. The Trial of Criminal Fraud

 

9. Sentencing

 

10. Restraint and Confiscation

 

11. The International Aspects of Criminal Fraud: Extradition, Interpol, Jurisdiction, Obtaining Evidence, Double Jeopardy and Data Protection

 

12. Criminal Fraud: A Postscript

Appendix: Legislation and Guidance