Source · Select Committees · Justice Committee
Fourth Report - Fraud and the Justice System
Justice Committee
HC 12
Published 18 October 2022
Recommendations
26
Accepted in Part
Para 101
Pilot establishment of dedicated economic crime courts in collaboration with the Judiciary.
Recommendation
The Government should work with the Judiciary to pilot the establishment of economic crime courts. If the pilots are successful, these types of court should be established around the country to reflect the geographic diversity in the crimes being perpetrated.
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Government Response Summary
The government rejects piloting economic crime courts nationally due to capacity concerns but highlights the planned City of London Law courts, opening in 2026, which are expected to focus on high-level fraud, cyber, and economic crime.
Ministry of Justice
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38
Accepted in Part
Para 146
A 'failure to prevent fraud' offence could hold companies accountable for platform fraud.
Recommendation
A failure to prevent fraud offence should be introduced to hold companies to account for fraud occurring on their systems and encourage better corporate behaviours.
Government Response Summary
The government is actively considering the Law Commission's review on corporate criminal liability, including the creation of a failure to prevent fraud offence. Separately, the Online Safety Bill will introduce a duty for social media and search engine companies to implement systems to prevent fraud on their platforms.
Ministry of Justice
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39
Accepted in Part
Para 154
Concern exists regarding perceived GDPR restrictions on data sharing for fraud prevention.
Recommendation
We are concerned to hear that there is a perception that legislation such as GDPR is preventing the sharing of information and intelligence across sectors where frauds were suspected. Data-sharing laws should not restrict the sharing of information for law …
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Government Response Summary
The government is taking steps to support information sharing for economic crime prevention through the Data Protection and Digital Information Bill, which will provide greater assurance for sharing under GDPR, and the Economic Crime and Corporate Transparency Bill, which will enable easier sharing by disapplying civil liability. It continues to consider the SAO regime.
Ministry of Justice
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40
Accepted in Part
Provide update and proposals to broaden data sharing for effective fraud combatting.
Recommendation
The Government should provide an update of its review of the legislation in respect of the sharing of data with a Specified Anti-Fraud Organisation. The Government should also look more broadly at the operation of data-sharing legislation with regard to …
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Government Response Summary
The government is supporting data sharing for economic crime prevention through the Data Protection and Digital Information Bill and the Economic Crime and Corporate Transparency Bill, which aim to ease information sharing and disapply civil liability. It continues to consider next steps for the Specified Anti-Fraud Organisation regime.
Ministry of Justice
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