Case management in complex fraud trials: actors and strategies in achieving procedural efficiency

Abstract

AbstractTrials of complex fraud cases have raised numerous contentious issues in terms of procedural fairness and public resources expenditure. This paper examines the management of complex fraud trials through the lens of managerialism in the criminal justice system, analysing its effects upon procedural efficiency of the trial. The paper draws on qualitative data gathered from observations of insider-dealing trials, and interviews with prosecuting and defence lawyers and a trial judge. The findings reveal that, in practice, although dangers to procedural efficiency are constantly present throughout the trial, its successful management depends on a combination of factors vested in the actors involved and the strategies used. Whilst the increased efficiency of the trials is a reflection of managerial approaches in case management, this does not necessarily indicate a negative development in the area of the control of business misconduct, and managerialism may not be necessarily entirely undesirable in the criminal justice system.