Law and the Justice System

The UK Government has announced the first independent review of disclosure and fraud offences since 1986. Chaired by Jonathan Fisher KC, the review will look into the effectiveness of the disclosure regime and consider whether existing offences are sufficient to prosecute modern fraud. Phillippa Ellis and Oliver Wannell report on the announcement below.

https://www.capitallaw.co.uk/news/2023/10/19/independent-review-of-disclosure-and-fraud-offences-announced/

The government has announced the establishment of an Independent Review of Disclosure and Fraud Offences, to be chaired by barrister Jonathan Fisher KC. This is another step towards fulfilling the plans set out earlier in 2023, when the Fraud Strategy was published.

https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/government-announces-independent-review-of-disclosure-and-fraud-offences

The economic crime and corporate transparency bill is currently in the final stages of the legislative process. The bill, if enacted, is set to make the most significant changes to corporate criminal liability laws for a generation.

https://www.ftadviser.com/opinion/2023/10/04/is-your-business-prepared-for-govt-s-failure-to-prevent-fraud-rules/

Businesses in the UK should be considering how a new ‘failure to prevent’ fraud offence should be accounted for in their compliance programmes and contracts, experts at Pinsent Masons have said.

Tom Stocker, Andrew Sackey and Rachel Trease of Pinsent Masons said it is apparent that an offence of organisational failure to prevent fraud will be provided for in the Economic Crime and Corporate Transparency Bill, which is currently in the final stages of being passed in parliament, despite the fact MPs and peers have yet to agree on the scope of the offence. While the Lords have pushed for the offence to apply widely, the Commons, driven by the UK government’s policy position, wants to limit it to just ‘large organisations’.

Potential victims of serious fraud are waiting more than a year for cases to be concluded in Thames Valley, figures show.

The Law Society has said the complexity of fraud cases combined with backlogs across the legal system could be behind the long waits.

Figures from the Ministry of Justice show the median wait for 70 outstanding fraud cases in Thames Valley was 61 weeks.

A man previously jailed for orchestrating a series of fraudulent motor insurance claims has been ordered to pay back £210,000, following proceedings initiated by the City of London Police’s Insurance Fraud Enforcement Department (IFED).

https://www.insurancebusinessmag.com/uk/news/claims/insurance-fraud-mastermind-ordered-to-pay-back-210000-461506.aspx

The Economic Crime and Corporate Transparency Bill (the “Bill“), which is set to introduce, among key reforms, a new failure to prevent fraud offence (“FTP Fraud“), is in the final stages of the Parliamentary process. The Bill is expected to receive Royal Assent by the end of this year. The Bill’s next debate is scheduled to be on 18 October 2023, when Parliament returns from conference season.

https://hsfnotes.com/fsrandcorpcrime/2023/09/22/the-economic-crime-and-corporate-transparency-bill-where-are-we-now/

Barring any last-minute hold-ups, the online safety bill will have become, or will be waiting to become, the Online Safety Act by the time you read my words here. The legislation has had a difficult gestation.

https://www.ftadviser.com/opinion/2023/09/25/online-safety-bill-finally-signed-off-but-the-hard-work-is-just-beginning/

The Online Safety Bill returned to the House of Lords for consideration of Commons amendments in 'ping pong', on Tuesday 19 September.

The Online Safety Bill seeks to establish a new regulatory regime to address illegal and harmful content online and impose legal requirements on search engine and internet service providers, including those providing pornographic content. The bill will also confer new powers on the Office of Communications (Ofcom), enabling them to act as the online safety regulator.

New figures from the Home Office show a sharp rise in the amount of money and assets recovered from criminals in the year to March.

Around £1.4 million was seized by West Mercia Police last year in the year to March – a significant rise from £908,000 in 2021 to 2022.

https://www.shropshirestar.com/news/2023/09/21/west-mercia-police-seizes-14-million-recovered-from-criminals-as-fraud-recoveries-surge/