Fraud in the digital age revealed

Part 2 of a government-commissioned independent Report on Disclosure and Fraud Offences has been published by leading barrister Jonathan Fisher KC of Red Lion Chambers. Following the initial publication in March 2025, which centred on disclosure, this latest report aims to re-examine the changing dynamics of fraud amid an evolving digital landscape and to provide recommendations for necessary reforms. The report, titled Fraud in the Digital Age – Independent Review of Disclosure and Fraud Offences, is accessible for public viewing.

In conjunction with this release, the Government has also disclosed its response to Part 1, confirming plans to implement the majority of recommendations surrounding disclosure, as well as incorporating additional recommendations made by Sir Brian Leveson concerning the disclosure process. The insights garnered in Part 2 illustrate that, in our rapidly digitalising world, fraud is evolving at a pace that outstrips existing enforcement frameworks, revealing significant gaps in prosecution capabilities.

Currently, fraud represents one of the most common crimes across the UK, yet the deterrent effect appears nearly absent. Shockingly, only 1% of reported fraud cases lead to a criminal justice outcome, highlighting an array of barriers that undermine investigation and enforcement efforts. Moreover, offenders often operate from overseas, beyond the reach of domestic law enforcement, while investigators struggle with an overwhelming volume of digital evidence and lack of resources.

Delays in the justice system are also alarming, with victims lucky enough to have their cases investigated facing an average wait of 18 months for a charging decision—almost eight times the duration for typical criminal cases. The report's findings were derived from extensive engagement with law enforcement, regulatory entities, academia, and industry specialists. Various data-gathering methods, including interviews and expert panels, contributed significantly to the report's analysis.

Among the key recommendations laid out in the report are proposals to double the maximum sentence for fraud from 10 to 20 years and to intensify social media companies' responsibilities in tackling fraud through an anti-fraud levy. Furthermore, the report advocates for enhancing protections for whistleblowers, introducing new criminal offences to address emerging fraud tactics, and piloting restorative justice programmes in fraud cases to aid victim recovery.

In a decisive comment, Jonathan Fisher KC stated, “For the front cover of today’s Report we have used an image of Apate – the ancient Greek personification of deceit and fraud – to symbolise the long history and enduring nature of deceptive behaviours. Fraud is not new. What has changed is the new context of the digital age... It is clear that the UK needs to recalibrate its approach to fraud by treating it as a national security and economic priority rather than a low-level financial crime.”

He further expressed satisfaction with the Government’s prompt response to Part 1 of the report, emphasizing the urgent need for reforms to update the criminal justice system into the electronic age. Preparing the disclosure process for modern realities could potentially save millions of hours of police work and significantly accelerate investigations, reducing delays that have historically hindered serious cases from reaching trial quickly.