Background Inspection of the Serious Fraud Office
71.The Serious Fraud Office (“SFO”) was created in 1988 by the Criminal Justice Act 1987 to investigate and prosecute serious or complex fraud. That Act provides the Director of the SFO with the power to investigate and prosecute any suspected offence which involves serious or complex fraud, and gives the Director the power to require a person to answer questions or provide information and documents in relation to matters under investigation.
72.HM Crown Prosecution Service Inspectorate (“HMCPSI”), established under the Crown Prosecution Service Inspectorate Act 2000, is an independent inspectorate for the Crown Prosecution Service (“CPS”), the principal prosecuting authority for criminal cases in England and Wales. The purpose of HMCPSI is to enhance the quality of justice through independent inspection and assessment of prosecution services, and in so doing improve their effectiveness and efficiency.
73.In a Written Ministerial Statement on 4 December 2012 (House of Commons, Official Report, column 51WS to 52WS; House of Lords, official report, columns WS54 to WS56) the Attorney General announced his intention to extend the statutory power of HMCPSI to inspect the SFO. In his statement, the Attorney General noted that the first voluntary inspection of the SFO by HMCPSI, which took place in November 2012, was an important step in building the effectiveness of the SFO and showed the benefits to both the SFO and the Government of independent external inspection.(33) Providing a statutory duty for HMCPSI to inspect the SFO is intended to ensure the continued delivery of these benefits. Section 149 gives effect to this extension of HMCPSI’s statutory remit.