John Binns comments in Edward Fennell's Legal Diary.
Giving his first public speech as the new Director of the Serious Fraud Office (SFO), Nick Ephgrave, addressed fresh measures to tackle fraud including swifter action and more dawn raids.
"The SFO's name has not always been synonymous with good prosecuting. We've seen a hard few years of high-profile errors and worse, and all of us hope that this trajectory can be turned around.
Good prosecuting needs expertise, fairness, and resourcing, as well as legal powers. The SFO's toolbox has never been more packed, with compulsory disclosure, deferred prosecution, and 'failure to prevent' offences. But it's crucial that they use these wisely.
The public are increasingly aware of how criminal cases can go badly wrong. Failures to disclose material to the defence, fixed mindsets, and stitch-ups between companies and prosecutors, are common risks in cases of bribery and fraud.
Will Nick Ephgrave be the man to turn the SFO's fortunes around? Strange as it seems, defence lawyers are among those keenest to see that come about. A prosecutor that is both efficient and fair, pursuing the right cases and achieving safe convictions, is a result in all our interests."
John's comments were first published in Edward Fennell's Legal Diary on 16 February 2024, and can be seen here.
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