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29 November 2007
Issue: 7299 / Categories: Legal News
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HMRC accused of systematic disclosure failures

News

A crown court judge’s decision to stay proceedings in a carousel fraud trial highlights HM Revenue & Customs’ failure to make proper disclosure in criminal proceedings, lawyers say.

R v Vocaturo and others involved allegations of carousel fraud and money laundering in excess of £100m. Vocaturo made an application to have the matter stayed as an abuse of process because of the prosecution’s refusal to disclose 8,000 pages of his business trading records, despite repeated defence requests over 12 months.

Staying proceedings, Judge Teare said: “Even after present counsel have been in control of this case for three or four months, material has been kept from them and the disclosure officer until the date of the trial.”
The prosecution appealed in Vocaturo but the decision was upheld by the Court of Appeal.

Colin Wells, a barrister at 25 Bedford Row, says the decision follows a line of prosecutions which have resulted in a stay or the quashing of a conviction, based on disclosure problems. “Yet again customs’ systematic disclosure failures have led to a stay of criminal proceedings as an abuse of process,” he adds.

Missing trader intra community fraud (carousel fraud) cases involve a number of buffer companies and freight forwarders, leading to more disclosure requests as defendants seek to prove their innocence.

Issue: 7299 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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