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ARTICLE · 08 JANUARY 2002

Proposed Reform Of Fraud Trials

United KingdomLitigation, Mediation & Arbitration
Kate Hurford
Kate Hurford

An independent review of the criminal Courts of England and Wales by Lord Justice Auld, a senior Appeal Court judge, was published in October 2001. The Auld Review makes several recommendations, some controversial, for reforming the practices and procedures of, and the rules of evidence applied by, the criminal Courts at every level. The aims of the Review include speeding up justice and reducing the long delay between arrest, charging and establishing guilt or innocence.

One of the key recommendations of the Review is that serious and complex fraud cases should be tried by a judge sitting alone or with specialist lay members drawn from a panel established by the Lord Chancellor, instead of a jury. This recommendation arises out of special factors posed by fraud cases which include: the increasing sophistication and complication of commercial and international fraud which make it difficult for juries to understand the evidence; the increasing length of fraud cases, which intrude on

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