This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore how fraud offence cases are started in court in England and Wales, including police and CPS charging, postal charge and requisition, initial details of the prosecution case, and the progression from Magistrates' Court to Crown Court.
Fraud is one of the most common and complex crimes in England and Wales, involving dishonest conduct intended to secure a financial or personal advantage or to cause loss to others. Before a fraud case reaches trial, it must progress through preliminary stages that formally start the criminal proceedings in the court system. This article explains how fraud cases begin, who brings them, the legal framework and the procedural steps that lead to a court hearing. It is written for people with no legal background as well as legal students and professionals seeking a clear summary of the process.
Fraud offences are primarily governed by the Fraud Act 2006, which defines key offences such as fraud by false representation, fraud by failing to disclose information and fraud by abuse of position. These statutory offences set out the conduct, dishonest intent and potential penalties (up to 10 years' imprisonment) relevant in fraud prosecutions.
Understanding Fraud and the Legal Framework
Under the Fraud Act 2006, fraud is committed when a person acts dishonestly to:
- make a false representation that they know may be untrue or misleading;
- fail to disclose information when legally obliged to do so; or
- abuse a position of trust to gain advantage or cause risk of loss.
These offences replace older deception crimes and apply to conduct that may occur in financial markets, business contexts, online activity, benefit systems and beyond.
Fraud cases must be prosecuted in criminal courts because they raise public law issues relating to dishonesty, culpability and harm to victims. Cases typically begin in the Magistrates' Court and may proceed to the Crown Court for trial depending on seriousness and complexity.
Who Initiates a Fraud Case?
Public Prosecution by the CPS
Most fraud prosecutions in England and Wales are brought by the Crown Prosecution Service (CPS). The CPS is the principal prosecuting authority responsible for deciding whether there is sufficient evidence and whether prosecution is in the public interest.
The process usually begins after the police investigate an alleged fraud. Police gather evidence, interview suspects and compile an investigation file. This file is then sent to the CPS, which reviews it under the Code for Crown Prosecutors to decide if charges should be authorised.
Once the CPS authorises charges, it prepares prosecutorial paperwork and proceeds with court commencement.
Private Prosecutions
Fraud cases can also be started via private prosecution, where a private individual or organisation (typically a victim) brings a case when the public authorities do not. This is lawful under English criminal procedure, but rare and usually requires substantial resources and legal expertise.
Formal Commencement of Proceedings
In practice, fraud cases are started in court through formal charging and service of documents.
Police Arrest and Charge
In some cases, a suspect is arrested by the police and held in custody pending charges. Once charged, the police will produce the suspect before the Magistrates' Court for an initial hearing, typically within 24 hours if the defendant is in custody.
Postal Charge and Requisition (PCR)
Fraud allegations are often not linked to immediate arrest because the suspected conduct may be identified later or involves complex financial evidence. In these circumstances, the CPS can issue a Postal Charge and Requisition (PCR) under the Criminal Justice Act 2003.
A PCR is sent by post to the defendant with the Initial Details of the Prosecution Case (IDPC), which summarises the allegations, key witness and exhibit evidence. This document formally informs the defendant that they are being prosecuted, where the hearing will take place, and provides essential early disclosure.
A copy of the PCR and the IDPC is also sent electronically to the court, effectively commencing criminal proceedings.
Court Listing and First Hearing Preparation
Once the PCR is filed, the court clerk lists the matter for an initial hearing at the Magistrates' Court. Fraud is typically an either‑way offence, meaning it can be tried in the Magistrates' Court or at the Crown Court depending on seriousness, defendant's plea and prosecutorial recommendation.
The IDPC acts as the initial prosecution bundle for the first hearing and includes:
- written charges and case summary;
- investigator and witness statements;
- exhibits and transcripts of interviews;
- any ancillary orders sought (such as compensation).
By law, defendants should be given reasonable time to obtain legal advice before attending court, especially in fraud cases with extensive evidence.
Role of the Magistrates' Court
At the first hearing, the Magistrates' Court:
- confirms the defendant's identity and details;
- reads the charge aloud;
- asks for a plea (guilty or not guilty);
- decides on bail or remand; and
- considers whether the case should stay in the Magistrates' Court or be sent to the Crown Court.
Many fraud cases are transferred to the Crown Court because of complexity, the potential for custodial sentences above the sentencing powers of magistrates, or anticipated need for jury trial.
Referral to the Crown Court and Further Proceedings
If the Magistrates' Court or CPS decides a fraud case requires higher jurisdiction, the matter will be committed to the Crown Court. In the Crown Court, a Plea and Trial Preparation Hearing (PTPH) will be set. At this stage:
- the indictment (formal list of charges) is served;
- the defendant enters a plea;
- directions and timetables for trial preparation are established; and
- complex disclosure and expert evidence issues are addressed.
The Serious Fraud Office (SFO) may also investigate and prosecute serious or high‑value fraud cases in the Crown Court, either working with the CPS or independently.
Practical Rights and Considerations
Legal Representation
Defendants have a right to legal representation. In fraud cases, this typically involves solicitors and barristers with expertise in economic crime. Early engagement with counsel is vital because of the complexity of evidence and potential defences.
Disclosure Obligations
Prosecutors must serve the IDPC before or shortly after the first hearing and continue to disclose relevant material throughout the case. Defendants and their representatives have a duty to provide defence disclosures as required by law.
Timeframes
There is no strict statutory limit for the first hearing in fraud prosecutions, but procedural requirements and prosecutorial case management rules aim to ensure timely progression to trial, especially given broader court backlogs.
Key Takeaways
Fraud prosecution in England and Wales begins with formal charging and the commencement of proceedings in the Magistrates' Court. Most prosecutions are brought by the Crown Prosecution Service, which decides whether evidence and public interest criteria justify charges. Cases may start via police arrest or by postal charge and requisition (PCR) when immediate arrest is impractical. The Initial Details of the Prosecution Case serve as the early disclosure bundle for the first hearing.
At the Magistrates' Court, the defendant is informed of the charges, asked for a plea, and decisions are made about bail and whether the case should proceed to the Crown Court for trial. More serious or complex fraud cases are typically sent to the Crown Court, where trial timetables and preparation matters are managed. Understanding this framework helps individuals affected by fraud, whether as defendants or as victims, navigate the initial stages of the criminal justice process.
