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Perspectives

Perspectives

| 1 minute read

Fraud trials - efficiency over fairness?

Whilst my fraud work is in the Civil Courts, I couldn't help but note with interest that Sir Brian Leveson has proposed a significant change to the way that fraud trials might be dealt with in the Criminal Courts - he has proposed abolishing trial by jury. 

The proposal raises important questions about balancing efficiency with fairness. While judge-only trials could help address the backlog and improve case management (and utilise the judge's expertise and knowledge in a trial involving complex legal matters), they may also risk eroding a fundamental right in the justice system i.e. the right to a trial by jury. Any reforms must be carefully considered to ensure they do not compromise the principles of fairness and impartiality.

If implemented, these changes would mark a significant shift in the UK’s legal tradition, and their impact on justice and public confidence would need to be closely monitored.

However, having overheard one of my colleagues talking to one of the Civil Courts yesterday and being informed that the Court won't be able to acknowledge that the firm is going on the record as acting for one of our clients for up to 18 weeks in circumstances where the trial is in just 4 weeks then maybe some changes to the Court system cannot come soon enough!

 

There are almost 77,000 cases waiting for trial in the Crown Court in England and Wales - meaning some defendants and victims are waiting years for justice. After reviewing the state of the criminal courts, Sir Brian suggested "fundamental" reforms to "reduce the risk of total system collapse". But some barristers argue juries are essential for fair justice - and scrapping them is wrong. To fix what he calls a broken system, Sir Brian has suggested having judge-only trials for certain cases such as fraud and bribery.

Tags

fraud, litigation & dispute resolution