Legal overhaul

In May this year the Home Office published a consultation entitled “Fraud Law Reform” in which it proposes abolition of the deception offences under the Theft Acts 1968 and 1978 as well as the common law offence of conspiracy to defraud; they would be replaced by three new fraud offences. The consultation follows on the Law Commission’s July 2002 report, which considered the current law too complex for juries, defendants, lawyers, judges and prosecutors. Samantha Thomas of Philippsohn Crawfords Berwald reviews the current law and how it might change.

Samantha Thomas may be contacted on tel: +44 (0) 20 7 831 2691; email: sct@pcblitigation.com

In addition to ensuring a fairer system for both defendants and victims of fraud, the Home Office consultation paper says that its aim “is to encompass all forms of fraudulent conduct, with a law that is flexible enough to deal with developing technology.”