Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including evidential and interview requirements and the burdens of proof that must be met in court. The main differences between the criminal and civil justice systems in England and Wales are described in a new factsheet by the Fraud Advisory Panel.
The two systems can work together. There is nothing to prohibit a civil claim following a criminal claim, or vice versa, the panel points out. It is important to note that, unlike criminal cases, a victim must normally begin civil proceedings within six years of discovering the fraud.
If you are claiming less than £100,000 your case is likely to be heard at the county court local to the defendant. The greater the value of the claim, the more formal the hearing at the county court will be and the greater the direction and management of the matter by the court (matters under £10,000 can be very informal and even heard in private – although this is very rare with allegations of fraud). If the claim totals over £100,000 then the case is likely to be heard at the High Court.
And as for enforcement, the civil justice system provides a variety of mechanisms for a victim of fraud, according to the six-page factsheet. For instance, it may be possible to identify certain property capable of satisfying a debt, which a bailiff can then seize so as to auction. Or, an order could be made compelling an employer to make regular deductions from the defendant’s earnings.
The panel’s website also offers separate factsheets on:
• Civil asset recovery
• Civil recovery: a glossary of common terms
• Civil recovery: a summary of key measures
• Parallel proceedings
• Private prosecutions.
These are available from the resource section of the website.
