Independent Review of Disclosure and Fraud Offences

James Claughton considers Jonathan Fisher KC’s review of Disclosure & Fraud Offence

Jonathan Fisher KC’s Independent Review of Disclosure Report, ‘Disclosure in the Digital Age’  (“the Review”) was published by the Home Office on 21 March 2025. The Review details the obstacles caused by the ever-increasing use and reliance on digital evidence, particularly in fraud investigations in recent years.  

Whilst operating in a digital age should in theory make things easier and more streamlined, the reality is that it has actually led to significant issues for law enforcement bodies when it comes to the gathering and disclosure of evidence and unused material. This in turn has led to major delays in cases which might have been resolved much sooner in years gone by, particularly in cases where parties are not privy to all of the relevant material which would help make properly informed decisions. 

Prosecutors’ ability to prosecute cases swiftly are arguably considerably hampered by the vast quantities of digital material which can take months or years to consider. Disclosure issues are pivotal to criminal cases being dealt with expeditiously; the review provides crucial insights into how the criminal justice system can balance fairness, efficiency, and accountability in fraud cases to achieve more efficient outcomes. 

In his review, Jonathan Fisher KC has made 45 recommendations addressing the impact of the disclosure regime on the criminal justice system. The recommendations are intended to help reduce the administrative burden currently placed on those involved in the criminal justice system.   

What are the key recommendations of the Review? 

The 224-page report, makes key recommendations for reform including the following; 

• to modernise existing legislation and reduce administrative burdens by utilising advanced technology. 
• to improve criminal court processes with consideration for an entirely new Intensive Disclosure Regime court pathway, designed for the most complex criminal cases. 
• to enhance disclosure quality by designing a new national learning standard across all law enforcement agencies. 

The review evaluated the general disclosure regime along with options to set out how best to modernise it.  

Jonathan Fisher KC said the following:  

‘We should be under no illusion, and we must not be caught unaware; all the signs suggest that the future is increasingly digital, and it is vital that our disclosure regime is fit to deal with it.’ 

The review sets out how law enforcement must be alert to the changes in the digital world and adapt accordingly.  

Will the Review actually result in changes to the disclosure regime? 

Fraud Minister Lord Hanson has said the government would respond to Jonathan Fisher KC’s recommendations in due course.  

Dan Jarvis, the Minister of State for Security stated the following;  

“The government will now carefully consider all recommendations made in the report and will work at pace to provide a Government Response later this year. I am confident that we can work together to design a modern disclosure regime that can keep pace with the rising level of digital material, facilitate swifter justice for both victims and defendants and continue to build public confidence in the criminal justice system.” 

What benefits might an overhaul of the disclosure regime bring? 

It is hoped that a modern disclosure regime can keep up with the constantly evolving criminal behaviours and the use of technology in even the “simplest” cases.  

Olliers’ Associate Solicitor, James Claughton comments:  

“Whilst large amounts of documentary and digital evidence may have been commonplace in large scale fraud cases for many years, we must recognise that they are no longer limited to just this area and the system as a whole must reflect and react.  Reform of the system is the only way that both victims and suspects stand any hope of securing justice, whilst limiting wasted costs in the process.” 

Early engagement between the prosecution and defence, can be very beneficial for case progression, and the recommendations made in the review along with disclosure may enable this to take place more efficiently which will help cases be dealt with much quicker. Given the pace at which the quantity and complexity of disclosure is developing, it is crucial that these recommendations are utilised sooner rather than later. 

How can Olliers assist if you are facing fraud allegations? 

If you are facing an allegation of fraud it is crucial to seek early advice and at Olliers we place great emphasis on a proactive approach to the defence work, particularly during the pre-charge engagement investigation stage of the case and seek to obtain early outcomes in cases. 

At Olliers, we have a team of specialist lawyers to assist you if you are facing an allegation in relation to fraud, please contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the form below.