R (on the application of Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin), [2008] All ER (D) 181 (Jan)
A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud (s 208(4)(a) of the Insolvency Act 1986) bears a legal burden rather than an evidential one.
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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.
