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26 Jun 2025

If you’ve been watching American crime dramas or legal shows, you may have some pretty skewed ideas about how fraud prosecution actually works in the UK. Many people in the UK think our system works the exact same as in the States because of how popular their legal procedurals and detective films are, and hey, we get it! They’re great fun to watch.

However, the truth is that our legal system in the United Kingdom works quite differently from what you see on television, and understanding these differences are essential if you ever find yourself facing fraud allegations.

You’ll find that the Crown Prosecution Service (CPS) has its own unique approach to handling these cases, and the way investigations happen here is on the whole different. There are some similarities just by means of process of course – you have the right to remain silent, for example, (police will say “You do not have to say anything”) but if your knowledge comes from American media, you may be surprised by a few things. Yes, judges often wear wigs in Crown Court.

Of course, not all states in the USA will practice the same law or have the same system. Moreover, certain standards in that country are completely outlawed in the UK, such as capital punishment (the death penalty).

If you’re ever in the unfortunate position of needing legal representation, knowing what to expect can help you make better decisions about your defence strategy and avoid some common issues that could work against you. We hope to help you with that in the article below:

The CPS Decides Whether To Prosecute, Not Police Officers

A huge faulty presumption that comes from watching too much American television, where you’ll often see police officers making charging decisions on the spot, or district attorneys getting directly involved, is that people “press charges.” The UK system works differently to that, and this can catch people off guard if they’re not prepared for it.

Here in Britain, the CPS makes all the important decisions about whether criminal charges should be brought forward against you. Police officers will investigate and gather evidence, but they don’t get to decide if you’re going to be prosecuted for fraud. The CPS reviews all the evidence that police have collected and then applies their two-stage test to determine if such proceedings should go ahead.

This two-stage approach means they first have to be satisfied there’s enough evidence to provide a realistic prospect of conviction, and secondly, they need to decide if prosecution would be in the public interest. You’ll find that fraud solicitors understand this process intimately and can sometimes influence the CPS decision by providing additional evidence or legal arguments that weren’t initially considered by investigating officers.

The timing of this process can be quite different from what you might expect, too. Sometimes months can pass between your arrest and the CPS making its final decision about charges. During this period, criminal lawyers can work behind the scenes to present your case in the most favourable light possible, something that’s much harder after the charges have been asserted.

We Don’t Have Plea Bargaining Like Americans Do

American crime shows love dramatic plea bargain scenes where defendants will negotiate reduced charges in exchange for guilty pleas, but the UK legal system doesn’t really work this way. We have something called the basis of plea negotiations, but it’s a much more limited process that often confuses people who expect American-style negotiations (or “snitching” on co-conspirators). Early guilty pleas can sometimes influence a reduced sentence, but that’s not always guaranteed.

Defence lawyers in the UK can discuss the facts of a case with prosecutors and sometimes reach agreements about which charges are most appropriate, but you can’t trade information about other crimes for reduced sentences the way you might see on television. The judge ultimately decides on sentencing, and they’re not bound by any agreements that defence and prosecution lawyers might have reached beforehand.

Such a difference can be quite significant if you’re facing multiple fraud charges. In America, you might be able to plead guilty to one charge and have others dropped, but UK prosecutors are more likely to proceed with all charges they believe they can prove, even if you’re willing to admit guilt to some of them.

Our Sentencing Guidelines Are Different, Too

British sentencing for fraud offences follows guidelines that are different from many in the US. A good example is that in some states of the US, you can receive multiple life sentences in one go (which leads to quite staggering sentences for some people, like 700 years worth of imprisonment). Here, the most you can get is a whole life order, and that’s in rare circumstances. That’s just one example.

In the UK, the Sentencing Council provides detailed guidance about how fraud sentences should be calculated, starting with the harm caused and the defendant’s guilt or involvement, then applying various factors to and from that. This might sound simple, but in practice, it can be quite complex, especially in cases involving tax fraud where the actual loss to the public purse might be difficult to calculate precisely.

What often surprises people is how much emphasis British courts place on the defendant’s personal circumstances and the impact that imprisonment might have on their family or business. American sentences tend to be much more focused on the crime itself, whereas UK judges have more discretion to consider the wider consequences of their sentencing decisions.

We Have Different Rules About Legal Representation

The way legal representation works in fraud cases here is quite different from what you might expect based on American legal dramas where big speeches can even bear little resemblance to reality. We don’t have the same system of court-appointed attorneys, and the legal aid system has been significantly reduced over recent years, which means that many people facing fraud charges have to pay for their own defence lawyers.

Of course, this can come as quite a shock if you’re used to seeing American shows where defendants automatically get assigned lawyers if they can’t afford them. In reality, legal aid for fraud cases is now quite limited, and you might find yourself having to choose between representing yourself or finding the money to pay for proper legal representation.

What makes this even more challenging is that fraud cases often require specialist knowledge that general criminal lawyers might not possess. Tax fraud cases, for instance, require an understanding of complex financial regulations that take years to master properly. You really want someone who’s dealt with similar cases before and understands how the prosecution is likely to approach your specific circumstances.

Our Court Procedures Are Much More Formal

British courts operate with a level of formality that might seem quite old fashioned compared to the more relaxed atmosphere you often see in American legal dramas, where the defendant might not even wear formal dress. Judges and barristers still wear wigs and gowns in Crown Court as we alluded to in our intro, and there are strict rules about how cases are presented and how witnesses are examined.

This formality will also influence how evidence is presented and how legal arguments are structured. You can’t simply stand up and make an impassioned speech to the jury the way you might see in American films. Everything has to follow established procedures, and there are strict rules about what evidence can be presented and how witnesses can be questioned.

What this means for fraud defendants is that having experienced legal representation becomes even more important. Criminal lawyers who regularly appear in Crown Court understand these procedures and know how to present their client’s case within the formal constraints of the British legal system, which has been developed over multiple long centuries.

If you need a fraud solicitor in the UK, contact us today.