Fraud Bill [HL]

moved Amendment No. 1: Insert the following new Clause— ““Prosecution of common law offence of conspiracy to defraud    In making a decision whether to charge a person with a common law offence of conspiracy to defraud, regard shall be had to guidance published by the Attorney General.”” The noble Lord said: My Lords, we on these Benches wanted the Bill to contain a provision to abolish the common-law offence of conspiracy to defraud, as recommended by the Law Commission, and I moved an amendment to that effect on Report. The noble and learned Lord the Attorney-General wishes to retain the offence for the time being because, in his view, it may be useful in certain circumstances. But it is agreed that the retention of the common-law offence will be reviewed in three years’ time in the light of the extent to which it turns out to be useful in the interim period. The noble and learned Lord the Attorney-General offered to show the draft advice which he has prepared for prosecutors and which is intended to restrict the use of the common-law offence to cases which are not adequately covered by the new legislation on fraud. He has sent copies of a working draft of his advice to me and the noble Lord, Lord Kingsland. I am satisfied by the advice, but it would be very helpful if the noble and learned Lord could explain it to your Lordships’ House and put on record an outline of his advice. In the circumstances, it is my intention to withdraw my amendment at the end of the debate. I beg to move.