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Tuesday, 30 July, 2002, 02:14 GMT 03:14 UK
UK fraud laws 'need streamlining'
Woman with cheque
Fraud is said to be on the rise
The patchwork of fraud laws should be simplified to cut down the amount of time and money wasted on complex cases, according to the Law Commission.

A new report by the government's advisers on law reform says existing anti-fraud legislation suffers from "undue complexity and vagueness".


Our aim is to make the law of fraud clearer and simpler.

Judge Alan Wilkie QC
A single general offence of fraud should be drawn up to replace eight deception offences and the common law crime of conspiracy to defraud, it recommends.

The aim of the proposed changes is to make the law of fraud "clearer and simpler".

The Commission's criminal law expert, Judge Alan Wilkie QC, said: "We believe that, as a result, all concerned - whether jurors, police, victims, defendants or lawyers - will be better placed to understand who has committed a crime and who has not."

According to the report, juries cannot be given a single straightforward definition of fraud.

"The current statutory offences are too specific to offer a comprehensive definition, while the common law offence of conspiracy to defraud is so wide that it offers little guidance on the difference between fraudulent and lawful conduct," it said.

According to the report, the new definition of fraud would be: "Where a person dishonestly makes a false representation, or wrongfully fails to disclose information, or secretly abuses a position of trust with intent to gain or to cause loss or expose another to the risk of loss."

Fraud rise

As well as simplifying fraud laws, the new fraud offence would help prevent "unjustified acquittals", be fairer to defendants and "be better able to keep pace with developing technology", said the commissioners.

They also suggested a new offence of obtaining services dishonestly.

Fraud is rising sharply in the UK, according to a survey from accountancy firm KPMG published on Monday.

The total value of attempted frauds dealt with by the courts in the six months to 30 June soared to �255m ($357m), 150% up on the previous six-month period, it said.

The increase reflects a surge in public sector fraud, primarily tax and VAT evasion, as well as a steep rise in financial and banking scams.

See also:

28 Jul 02 | Business
02 Jul 02 | Business
30 May 02 | Business
15 May 02 | Business
14 Mar 02 | Business
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