The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences.
The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.
Chapter 1: A critical commentary on the Fraud Act 2006 - Chris Monaghan
Chapter 2: The Fraud Act’s 10th anniversary: time to celebrate? Not quite? - Axel Palmer
Chapter 3: An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system - Chris Monaghan
Chapter 4: Food fraud and the Fraud Act 2006: complementarity and limitations - Cecilia J. Flores Elizondo, Nicholas Lord and Jon Spencer
Chapter 5: Fraud in the twenty first century: is the criminal law fit for purpose? - Caroline Collins and Noel Mc Guirk
Chapter 6: The Fraud Act 2006: a decade of deception? - Maureen Johnson
Chapter 7: Criminal fraud legislation since 2006 - David Kirk
Chapter 8: Revisiting dishonesty: the new strict liability criminal offence for offshore tax evaders - Sam Bourton
Chapter 9: Brexit and financial crime - Rhonson Salim
Chapter 10: Do we need a failure to prevent fraud offence? - Bill Davies
Chapter 11: A judge’s perspective of the impact of the Fraud Act 2006 - HH Toby Hooper QC
Chapter 12: The fraudster at work: the interaction of the criminal justice process with the operation of an employer’s disciplinary procedures - Stephen Hurley
Chapter 13: Who should try ‘complex fraud trials’? Reconsidering the composition of the tribunal of fact 30 years after Roskill - Nicola Monaghan
Chapter 14: Good character directions: some implications of Hunter for Fraud Act 2006 prosecutions - Richard Glover
While a growing number of high profile financial crime cases have hit the headlines recently the topic of financial crime is also generating much attention amongst academics and practitioners. This series will be the first to be dedicated to the law of financial, or economic, crime and offers a platform for important and original research in this area.
Books in the series will cover traditional subjects of financial crime including money laundering, terrorist financing, fraud, market abuse, insider dealing, market manipulation, tax evasion, bribery and corruption. But broader legal and regulatory issues will also be covered as well as emerging areas of concern such as the risks to stability of the financial system posed by financial crime. Emphasis will be placed on comparative approaches to the subject considering legislation across a number of jurisdictions as well as international regulations where appropriate, giving the series a truly global outlook.
The titles in the series are primarily aimed at an audience of researchers, scholars and practitioners in the area but should also be of interest to policy makers, law enforcement agencies, financial regulatory agencies, as well as people employed within the financial services sector.