As the BAE case made plain, the UK Government has failed to meet its obligations under the United Nations (UN) and Organisation for Economic Co-operation and Development (OECD) conventions on bribery. The reason is not only antiquated legislation but also the constitution of the Serious Fraud Office (SFO) which, since its foundation, has been fatally flawed.
In 1981, before fraud became a specialist area, the Royal Commission on Criminal Procedure considered prosecutions in general. It found that the police pursued weak cases despite adverse legal advice and closed their minds to contrary evidence. They also overloaded trials with too many charges. The Commission even asked if the investigator might, by virtue of his function, be incapable of making a dispassionate decision on prosecution. Accordingly it recommended separation of the roles of investigator and prosecuting lawyer, leading to the establishment of the Crown Prosecution Service (CPS) in 1985.
