Recent Developments in the English Legal System and the International Effect of Changes on the Prosecution of Commercial Crime (From Report for 1987 and Resource Material Series No. 33, P 157-169, 1988, Hideo Utsuro, ed. -- See NCJ-124255)

• NCJ Number: 124258
• Author(s): T C Hetherington
• Date Published: 1988
• Length: 13 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Japan

Annotation

This paper explains the English legal system's recent efforts to improve the effectiveness and efficiency of the investigation and prosecution of commercial fraud.

Abstract

The British Government appointed the Fraud Trial Committee to consider ways for improving criminal proceedings in commercial fraud cases. A primary committee recommendation, which was accepted by the Government, was the establishment of the Serious Fraud Office (SFO), which will conduct, in conjunction with the police, investigations into any suspected offense that, in the judgment of the director of the SFO, involves serious or complex fraud. The SFO will be composed of accountants, lawyers, and staff experienced in company investigations. Consultants with special skills will be called in as needed. Another committee recommendation is that in complex international fraud cases, the prosecution should have the right to take the case directly to the higher court without an indictment proceeding before a magistrate. This is designed to address the difficulty the prosecution may have in gaining the testimony of foreign witnesses at two proceedings. Other committee recommendations pertain to written pleadings, documentary evidence, letters of request, video testimony, regulation of investment business, international cooperation, and extradition. 24 notes.