Cunninghams Solicitors

What to Expect at a fraud trial

What happens when you are charged with fraud?

If you are facing fraud charges, the next step will be to attend a hearing at a Magistrates’ Court on a scheduled date. It is highly advisable to seek the representation of a fraud solicitor at this point if you haven’t already done so. Depending on the severity of the charges, you may or may not be remanded in custody until the court hearing. Factors that could lead to remand include having been charged with serious fraud offences, previous convictions for serious crimes, the police’s belief that you may not show up to your court hearing or may commit another crime while on bail, and having previously breached bail conditions.

What happens at the Magistrates Court?

When you attend the Magistrates’ Court hearing, you will either make your own way there or be transported in a secure van if you are remanded in custody. Upon arrival, you will be directed to the dock and asked to confirm your name and address. Following this, you will be asked to plead guilty or not guilty.

The court will either be presided over by a District Judge or by two to three magistrates and a legal adviser. The magistrates are laypeople who have undergone training in handling court cases, and the legal adviser is present to assist with legal matters.

After hearing your plea, the magistrates or District Judge must determine whether your case should be heard in the Magistrates’ or Crown Court. Fraud is considered an “either-way” offence, which means it can be tried in a lower or higher court, depending on the circumstances. For instance, a £100 fraud case would likely be handled in the Magistrates’ Court, whereas a £2 million property fraud case would probably be heard in the Crown Court.

The magistrates or District Judge will decide based on the Sentencing Council’s allocation guideline, which considers factors such as the severity of the crime and the potential sentence. The Magistrates’ Court can impose a maximum prison sentence of 12 months, so cases likely to result in longer sentences will be referred to the Crown Court.

What happens when you plead guilty or not guilty?

If you plead guilty to fraud in the Magistrates’ Court, your sentence will be determined by the magistrates or District Judge who heard your case. For minor fraud offences, your case will likely stay in the Magistrates’ Court, and the judge will consider the facts and determine an appropriate sentence. Various sentencing options are available, including a fine, custodial sentence, suspended sentence, and community order. If you are given a custodial sentence, you will be taken directly to prison.

If you plead not guilty to fraud, a trial will be scheduled. Your case will either remain in the Magistrates’ Court or be transferred to the Crown Court, depending on the severity of the offence. If your case stays in the Magistrates’ Court, you may choose to have a trial by jury in the Crown Court instead. Many legal experts consider this the fairest method of reaching a decision, and conviction rates are typically lower in the Crown Court than in the Magistrates’ Court.

The judge will manage the trial, making decisions about the admissibility of evidence, objecting to misleading questions, and instructing the jury on their responsibilities. The Crown Court is a more formal setting than the Magistrates’ Court, and a jury of 12 laypeople will almost always be present. The jurors are randomly selected from the electoral register and may come from various backgrounds.

How to prepare for a fraud trial

Fraud trials can differ based on whether held at the Magistrates’ Court or the Crown Court. However, this article will concentrate on fraud trials at the Crown Court. It’s important to know that there’s a lot of groundwork done before the trial begins. While your fraud defence solicitor prepares your defence, the Crown Prosecution Service (CPS) is readying their prosecution. Several hearings may occur before the trial to determine what proof is admissible. For instance, if the police obtained evidence through an illegal search of your property, our fraud solicitors will assert that this evidence is inadmissible and should not be used in court.

Fraud Trials at Crown Court

Fraud trials at the Crown Court follow a structured procedure. On the first day of the trial, you will be seated in the dock, the judge will enter the courtroom, and everyone will stand up until told to sit down. You will then confirm your name, address, and plea. If you maintain your not-guilty plea, the jury is sworn in and given directions by the judge.

The prosecution presents its case first, including various pieces of evidence such as CCTV or video footage, bank statements, accounts, police interview tapes, witness statements, and testimony from witnesses who may be called to the dock. Your barrister or solicitor can cross-examine each witness after the prosecution has finished questioning them. Witnesses wait outside the court until called to give evidence and can watch the remainder of the trial from the public gallery if they wish.

After the prosecution concludes their case, it is the defence’s turn. Your solicitor will present their own evidence, including witnesses, which may or may not include yourself. The prosecution can cross-examine the witnesses if they choose to do so.

Once all the evidence has been heard, the prosecution and defence make a closing speech.

How long will the trial take?

This is just a summary of the typical stages involved in a fraud trial, but in practice, presenting all the evidence can be a time-consuming process that can last for weeks or even months. While your fraud trial may not be as lengthy, it’s wise to anticipate a potentially protracted procedure. As for a DWP investigation, the duration can vary depending on the complexity and scope of the case; it’s advisable to seek legal advice from a fraud solicitor to understand your rights and obligations throughout the process.

Returning a verdict

In a fraud trial at the Crown Court, the responsibility of determining the verdict lies with the jury. After the closing statements, the judge will summarise the relevant legal points for consideration. The jury will then retire to deliberate on the verdict, which could take hours, days, or even weeks. Once the jury has reached a decision, everyone returns to court, and you will be asked to stand. The jury’s foreman will then announce whether you are found guilty or not guilty.

In criminal cases like this, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is the standard burden of proof required in all criminal trials. If the prosecution fails to provide enough evidence to meet this burden of proof, the defendant must be found not guilty.

Fraud sentencing

The case ends if the verdict is not guilty, and you are free to go.

However, if the verdict is guilty, the judge must determine your sentence. It’s worth noting that the jury’s role is only to decide on guilt or innocence, whereas the judge is responsible for determining the punishment. The judge follows the Sentencing Guidelines for fraud when making their decision. The most severe penalty for fraud is 10 years imprisonment, reserved for the most serious offences. Other possible sentences include an unlimited fine, a community order, or a compensation order.

In addition, after your conviction, the prosecution may commence POCA proceedings against you, which stands for Proceeds of Crime Act. This may lead to the court issuing a Confiscation Order, where any assets obtained illegally are seized and given to the government.

Criminal vs civil proceedings

In cases where fraud is suspected, the victim may pursue civil proceedings against the defendant, separate from ongoing criminal proceedings. These two cases can happen at the same time. In civil proceedings, the claimant only needs to prove their case on the balance of probabilities, which is a lower standard of proof than in criminal proceedings. If the claimant is successful, the court may order the defendant to pay damages. However, it’s important to note that success in civil proceedings doesn’t necessarily mean a guilty verdict in a criminal trial since the two cases are entirely distinct.

Appealing a fraud conviction or sentencing

If you are convicted of fraud or another financial crime, you may appeal your conviction or sentence if there are reasonable grounds. Such grounds may include errors in law made by the court or an unduly harsh sentence. Fraud defence solicitors can provide advice tailored to your circumstances.

Cunninghams are experienced solicitors based in Manchester and London, with over 20 years of experience defending clients’ insurance fraud charges. Our team of experienced fraud solicitors have the expertise to help you build a strong case and to support you through each stage.

Cunningham’s initial advice is always free of charge and can be contacted at 0800 051 2542 or enquire online.