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12 August 2010
Issue: 7430 / Categories: Case law , Law reports
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Parliamentary privilege—MPs’ expenses—Whether expense claims subject to Parliamentary privilege

R v Chaytor and others [2010] EWCA Crim 1910, [2010] All ER (D) 335 (Jul)

Court of Appeal, Criminal Division, Lord Judge CJ, Lord Neuberger MR and Sir Anthony May P,. 30 July 2010

Parliamentary privilege or immunity from criminal prosecution has never attached to ordinary criminal activities by members of Parliament, and does not preclude prosecution for any criminal offences committed with regard to the Parliamentary allowances or expenses scheme.

Lord Pannick QC, L Mably, Mr J Segan and H Laws for the Crown, Nigel Pleming QC and J Knowles for David Chaytor,  E. Fitzgerald QC and J Middleton for Elliot Morley. Gavin Millar QC and R Trowler for James Devine. A Jones QC and R Bowers for Lord Hanningfield.

The four defendants were all charged with allegations of false accounting contrary to s 17(1)(b) of the Theft Act 1968, in relation to their claims for expenses as members of Parliament. An essential ingredient common to all is that the actions involved dishonesty. Three of the defendants

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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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