§ 38. Mr. WattsTo ask the Solicitor-General what criteria are applied in deciding whether to prosecute serious fraud. [23874]
§ The Solicitor-GeneralCriteria for consideration of prosecuting serious fraud are the same as for all criminal cases: (i) is there enough evidence and (ii) is it in the public interest.
Offences involving serious or complex fraud are prosecuted by the Serious Fraud Office (SFO). In deciding whether the SFO rather than CPS should accept a case for investigation, the factors taken into account include:
- 1. The sum at risk is estimated to be at least £1 million (this is simply an objective and recognisable signpost of seriousness and likely public concern rather than the main indicator of suitability).
- 2. The case is likely to give rise to national publicity and widespread public concern. These include those involving Government Departments, public bodies, the Governments of other countries and commercial cases of public interest.
- 3. The case has a significant international dimension.
- 4. There is a need for legal, accountancy and investigative skills to be brought together as a combined operation.
- 5. The suspected fraud appears to be complex and one in which the use of section 2 powers might be appropriate.