CLLS Corporate Crime & Corruption Committee Response to Leveson Review

Focused on Sir Brian’s recommendations relating to the partial removal of trial by jury, the Committee urged the Lord Chancellor – backed by robust evidence – to consider four key points:

1. Serious and complex fraud cases are not the cause of the current crisis
2. Jury trials are vital, fair and efficient
3. Juries are capable of trying serious and complex fraud cases
4. The Fraud Recommendations will negatively impact judicial status, resources and timelines.

A key point for the Committee is that any changes which involve cases of ‘serious and complex fraud’ should be accompanied by a suitable definition of such cases. Furthermore, any statutory changes which relate to the removal of jury trial should be subject to a sunset clause, allowing for the impact of any measure to be independently and transparently monitored, assessed and reviewed (on a regular basis) and the amendments to be reversed after a defined period of time.