Serious fraud

The Legal Services Commission (LSC) are introducing a new scheme to pay litigators for work done under a provisional representation order for publicly funded representation (legal aid) at the investigative stage of a potential serious fraud or complex fraud.

The new Regulations set out the circumstances for the grant by the LSC of a provisional right to publicly funded representation in cases of investigations of serious or complex fraud governed by the Attorney General’s Guidelines on plea discussions in cases of serious or complex fraud. They also provide for the circumstances in which such orders must be withdrawn.

The AG Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex fraud with a person who he or she is prosecuting or expects to prosecute, or with that person’s legal representative. They came into force on 5 May 2009 and apply to plea discussions initiated on or after that date.

An investigation means an investigation in a case of serious or complex fraud which may result in criminal proceedings in which the prosecutor would be:

• (a) the Director of the Serious Fraud Office;
• (b) the Director of Revenue and Customs Prosecutions;
• (c) the Financial Services Authority;
• (d) the Office of Fair Trading; or
• (e) the Director of Public Prosecutions

The Guidelines are at: http://www.attorneygeneral.gov.uk/Publications/Pages/AttorneyGeneralsGuidelines.aspx

To arrange a discussion with no obligations, call Sarah Wallace or Maxine Swift on 0207 421 3883 or send us an online enquiry.