Prosecuting fraud offences—the Fraud Protocol
Prosecuting fraud offences—the Fraud Protocol

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

  • Prosecuting fraud offences—the Fraud Protocol
  • Fraud Protocol
  • Investigation under the Fraud Protocol
  • Designated trial judge under the Fraud Protocol
  • Case management
  • Disclosure
  • Abuse of process

Fraud Protocol

The procedure and management of fraud trials is determined by the Lord Chief Justice’s Protocol of 22 March 2005 for the Control and Management of Heavy Fraud and other Complex Criminal Cases (Fraud Protocol) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). 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). Guidance on disclosure in such cases can be found in the Judicial Protocol on the Disclosure of Unused Material in Criminal Cases. This deals with disclosure in large and complex cases in the Crown Court.

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 or sent by London magistrates' courts to London Crown Courts in accordance with the provisions of section 51 of the 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

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