*/
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.
The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
Irresponsible use of AI can lead to serious and embarrassing consequences. Sam Thomas briefs barristers on the five key risks and how to avoid them
James Onalaja concludes his two-part opinion series