Fraud Review Backs Jury Trials in Complex Cases

An independent review of the UK’s fraud framework has recommended retaining jury trials for complex fraud cases, introducing financial incentives for whistleblowers, and strengthening disclosure obligations to better address fraud in the digital age. The report, Fraud in the Digital Age, authored by Jonathan Fisher KC, concludes that the current system has left a “massive justice gap” and calls for wide-ranging reforms to modernise fraud investigations and prosecutions.

Commissioned by the Home Secretary, the review was originally expected to be published in December 2025 before being delayed until May 2026 and ultimately released shortly before the House of Commons’ summer recess. The report makes 47 recommendations, observing that fraud has historically been treated with “indifference” despite its growing impact on individuals, businesses, and the wider economy.

One of the report’s most significant recommendations is the retention of jury trials for serious fraud cases. This comes as the Government’s Courts and Tribunals Bill proposes allowing certain lengthy and technically complex fraud trials to be heard by a judge sitting alone. Rejecting that approach, Jonathan Fisher KC stated that “experience shows juries cope when cases are properly managed and presented.” He warned that removing juries from the most serious fraud cases would wrongly diminish the gravity of fraud and reinforce the outdated perception that it is primarily a civil rather than criminal wrong.

The review also recommends introducing a whistleblower reward scheme, under which the Serious Fraud Office (SFO) would be empowered to make financial payments to individuals who provide valuable information leading to successful enforcement action. Fisher recommends that the Government consult on the design of such a scheme, with the SFO determining appropriate reward levels while carefully defining eligibility criteria. To safeguard the system, the report proposes creating new criminal offences for knowingly making false reports or harassing and intimidating whistleblowers. The SFO has welcomed the recommendations relating to whistleblower incentives and disclosure reform.

Recognising the challenges posed by increasingly digital investigations, the review proposes significant reforms to the disclosure regime. These include amending the Criminal Procedure and Investigations Act 1996, introducing an intensive disclosure process for the most complex cases, encouraging technology-first investigations supported by AI-assisted document review, strengthening judicial case management, and mandating specialised training for investigators, prosecutors, and judges. According to the report, these measures would modernise the disclosure process while improving accountability for disclosure failures.

The review further recommends increasing the maximum sentence for fraud and money laundering from 10 years to 20 years, describing the existing sentencing framework as “deeply unsatisfactory” and no longer reflective of the scale of financial harm caused by modern fraud. It also proposes extending deferred prosecution agreements to individuals, although legal commentators have questioned the practical feasibility of such a reform.

Commenting on the report, Law Society President Mark Evans welcomed the cautious use of artificial intelligence in disclosure, emphasising that any deployment of AI must remain subject to appropriate human oversight and robust safeguards to ensure fairness, transparency, and public confidence in the criminal justice system.