Uncovering the Iceberg: Mandating the measurement of fraud in the United Kingdom

Having regard to the impact of the credit crunch on fraud, the 19% average cuts in public spending and the wide disparities in fraud loss data, this article will argue for the mandating of fraud measurement through the introduction of legislation in the United Kingdom. The proposed statute applies to both the public and private sectors and incorporates minimum standards of measurement accuracy and the publication of findings and subsequent reduction strategies. In support of this contention this paper offers empirical evidence provided by the United States (US) Improper Payments Information Act of 2002. Further options for change are also presented including developing the role of the National Audit Office and the creation of an infrastructure for knowledge management through the sharing of best practice.     

New directions in policing fraud: The emergence of the counter fraud specialist in the United Kingdom

Fraud and corruption in the public sector have become issues of increasing importance for the government in the United Kingdom. Numerous initiatives have emerged ranging from high profile publicity campaigns against benefit fraud and tax evasion to the establishment of specialist bodies, such as the NHS Counter Fraud and Security Management Service (NHSCFSMS). One of the most interesting developments, however, has been the emergence of the ‘counter fraud specialist (CFS)’ across central and local government, as well as the private sector. These are specially trained civilian personnel who are tasked to prevent, investigate and secure sanctions against fraudsters. They undertake common training packages and are accredited by the Counter Fraud Professional Accreditation Board (CFPAB). This paper first outlines the emergence of the CFS; then draws upon the results of recent survey data to discuss some of their characteristics. The paper also considers some of the main issues raised by the growth of the CFS including the possible emergence of an embryonic ‘fraud police’, the indirect ‘load shedding’ of fraud investigation and the governance of this new breed of policing personnel.     

How the detection of insurance fraud succeeds and fails

Abstract

Insurance fraud is a serious and growing problem, and there is widespread recognition that traditional approaches to tackling fraud are inadequate. Studies of insurance fraud have typically focused upon identifying characteristics of fraudulent claims and claimants, and this focus is apparent in the current wave of forensic and data-mining technologies for fraud detection. An alternative approach is to understand and then optimize existing practices in the detection of fraud. We report an ethnographic study that explored the nature of motor insurance fraud-detection practices in two leading insurance companies. The results of the study suggest that an occupational focus on the practices of fraud detection can complement and enhance forensic and data-mining approaches to the detection of potentially fraudulent claims.     

Dating hot spot to fraud hot spot: Targeting the social characteristics of romance fraud victims in England and Wales

Research Summary

We found that romance fraud was rising year-on-year across every region in England and Wales, increasing 55% during the 3 years between October 2018 and October 2021. Fifty percent of all the romance fraud victims in the period resided in 17% of the places where romance fraud had occurred. A total of 439 locations (outward postcode areas) were identified as the “power few” in the first year of the data set. Of these 439 locations, 162 of them recurred in both of the following years, becoming chronic “hot spot” locations containing more than one in six of all reported romance fraud victims. The demography of victims in repeat locations differed considerably, but hot spots were more frequently predominantly populated by less affluent populations.

Policy Implications

We conclude that the current national one-size-fits-all fraud prevention approach may not be the most efficient or effective way to reach those victims who most require crime prevention advice. The National Fraud Intelligence Bureau, based in the City of London Police, could adopt a tailored approach to providing preventative information to local police forces based on the year-to-year patterns in crime and the associated intelligence provided by sociodemographic data sources such as Acorn.     

The use of neuroscientific evidence in the courtroom by those accused of criminal offenses in England and Wales

This examination of the extent of the use of neuroscientific evidence in England and Wales identifies 204 reported cases in which such evidence has been used by those accused of criminal offenses during the eight-year period from 2005–12. Based on the number of reported cases found, the use of such evidence appears well established with those accused of criminal offenses utilizing such evidence in approximately 1 per cent of cases in the Court of Appeal (Criminal Division). Neuroscientific evidence is used to quash convictions, to lead to convictions for lesser offenses and to lead to reduced sentences. In addition, cases are identified where neuroscientific evidence is used to avoid extradition, to challenge bail conditions and to resist prosecution appeals against unduly lenient sentences. The range of uses identified is wide: including challenging prosecution evidence as to the cause of death or injury, challenging the credibility of witnesses and arguing that those convicted were unfit to plead, lacked mens rea or were entitled to mental condition defenses. The acceptance of such evidence reflects the willingness of the courts in England and Wales to hear novel scientific argument, where it is valid and directly relevant to the issue(s) to be decided. Indeed, in some of the cases the courts expressed an expectation that structural brain scan evidence should have been presented to support the argument being made.     

Evaluating the effectiveness of the Supporting Offenders through Restoration Inside (SORI) Programme delivered in seven prisons in England and Wales

Purpose. Supporting Offenders through Restoration Inside (SORI) is a programme that aims to: increase victim empathy in offenders; motivate offenders to change their offending behaviour; and to take personal responsibility for the harm that he has caused. A 5‐day course based on the SORI principles has been piloted across seven prison sites in the UK. The aim of the study reported here was to evaluate the effectiveness of the programme across these sites. Methods. Three psychometric questionnaires [Victim Concerns, Locus of Control, and Stages of Change (SoC) scales] were administered to the participants immediately before and after the programme had taken place (data were available for 131 participants for the Victim Concern Scale, 82 participants for the Locus of Control measure, and 96 participants for the SoC questionnaire). These psychometric measures were the primary research outcome. Statistical analyses were employed to assess whether any changes had been effected by the programme. Results. The results of this study found that: participants had an enhanced victim concern for all types of victims, were more motivated to change their offending behaviours, and were more willing to take responsibility for their actions, after completion of the course. No change was found in terms of participants seeing themselves as being more in control of their actions/environment. Conclusions. The results lend support for the notion that the 5‐day SORI course is effective in increasing participants’ levels of victim concern and motivation to change, while not really impacting upon levels of ownership for one's ownership for one's actions. Suggestions for future research and limitations of the study are discussed in the paper.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

The implementation in England and Wales of the European Enforcement Directive

Legal context. The background to the EU Enforcement Directive(2004) and its implementation in England and Wales by legislativeand procedural changes taking effect in April 2006. Key points. Although much of the Directive required no implementation,there are doubts as to whether the implementing provisions gofar enough, particularly in respect of the rights of actionof representative bodies. Many of the provisions which havebeen made are cosmetic, but there are some significant changes.New evidential presumptions have been introduced in actionsin respect of publication right and rights in performances (althoughthe latter may not go far enough). Defendants may now be requiredto supply interim guarantees instead of submitting to interiminjunctions. Remedies in the design field have been clarified.By contrast, the rules as to damages in the IP field have beenmade more obscure by the implementation of Article 13 of theDirective. Finally, the courts may now make orders for the disseminationof decisions although quite what form these will take remainsto be seen. Practical significance. The changes are procedural not substantive,but they create important new opportunities for claimants andnew threats for defendants. Any parties and potential partiesto IP litigation in England and Wales therefore need to be awareof them.     

Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.     

论房屋拆迁行政裁决诉讼案件中司法变更权的引入

近年来,法院受理的房屋拆迁类纠纷案件与日俱增,其中因不服行政裁决而提起的行政诉讼案件比重很大。此类案件名为行政诉讼,实为解决拆迁双方的民事纠纷。目前因司法判决类型不完整,导致法院、行政机关、相对人三方皆处于不利境地,故在房屋拆迁行政裁决诉讼案件中引入司法变更权势在必行。从国家权力配置、与国内行政处罚中司法变更权相通之处及对域外司法变更权考察的角度来看,在房屋拆迁行政裁决诉讼案件中引入司法变更权是可行的。基于其必要性和可行性,本文提出了引入司法变更权的特有原则、具体规则及对司法变更权应有的监督。     

The Protection of Prisoners’ Rights in England and Wales

The system in England and Wales for the protection of prisoners’ rights relies on three institutions: a prisons inspectorate with right of entry to all prisons at any time, a prisons and probation ombudsman, and local independent monitoring boards. This contribution focuses on the Prisons Inspectorate and discusses its methodology and criteria for inspection, based on international human rights standards; the effectiveness of the inspectorate; its independence and relationships with other monitoring bodies, the government and the prison service; the application of the methodology to other countries outside the UK; and future developments and threats.     

Police Implementation of the Partial Sex Purchase Ban in England and Wales

European Journal on Criminal Policy and Research - A main point of contention in the policy areas of prostitution and sex trafficking is whether the purchase of sex should be criminalised, whether...