Fraud Protocol
Fraud Protocol

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Fraud Protocol
  • Fraud Protocol
  • Investigation under the Protocol
  • Designated trial judge under the Protocol
  • Case management
  • Disclosure guidance at para 38 of the Judicial Protocol on the Disclosure of Unused Material in Criminal Cases
  • Abuse of process

Fraud Protocol

The procedure and management of Fraud trials was determined by Fraud Protocol and Criminal Procedure Rules. The statutory scheme which determines the management of the pre-trial and trial process for serious and complex fraud cases comprises the Criminal Justice Act 1987 (CJA 1987) the Crime and Disorder Act 1988 (CDA 1998) and the Criminal Procedure and Investigations Act 1996 (CPIA 1996). Section 4, Disclosure, in the Fraud Protocol (Lord Chief Justice’s Protocol of 22 March 2005 for the Control and Management of Heavy Fraud and other Complex Criminal Cases) has been superseded by the guidance on disclosure found in the Judicial Protocol on the Disclosure of Unused Material in Criminal Cases.Lord Chief Justice’s Protocol of 22 March 2005 for the Control and Management of Heavy Fraud and other Complex Criminal CasesJudicial Protocol on the Disclosure of Unused Material in Criminal Cases

In London, Fraud case management is also subject to a Practice Direction, which sets out the procedure for the management of ‘Heavy’ Fraud Trials estimated to take six weeks or more. The Practice Direction applies only to cases committed or transferred by London Magistrates' Courts to London Crown Courts or sent to London Crown Courts in accordance with the provisions of Section 51 Crime and Disorder Act 1998, or any equivalent provisions. All cases of alleged fraud or money laundering (but not other combinations such as drugs importation and money laundering) estimated by the Crown to last six weeks or more will be committed or sent to the Crown Court sitting at Southwark as the London Receiving Court for Heavy Fraud cases.

'Heavy fraud' - Southwark Crown