Director of Public Prosecutions sets out charging standards for benefit and tax credit fraud
The Director of Public Prosecutions, Keir Starmer, QC, has today published new guidelines for prosecutors dealing with fraud cases involving state benefits and tax credits.
Today's guidance follows the merger of the DWP Prosecutions Division with the Crown Prosecution Service (CPS) in April 2012 and the transfer of prosecutorial staff to the CPS Welfare, Rural and Health Division.
The CPS charging standard sets out the approach prosecutors should take in deciding the appropriate offences to use, so that the charge fits the crime in line with the prosecution of fraud more generally. It also states that where the alleged offending merits such an approach, and prosecutors anticipate a very substantial prison sentence, they should charge under the Fraud Act which carries a maximum sentence of 10 years, rather than using specific social security legislation which carries a maximum sentence of seven years.
You can view more on this story and the new guidance on the CPS website.